^mmmm 


RELIGIOUS  CONGREGATIONS 


IN  THEIR 


EXTERNAL  RELATIONS 


RELIGIOUS   CONGREGATIONS 


IN    THEIR 


EXTERNAL    RELATIONS 


DISSERTATION 


SUBMITTED  TO  THE  FACULTY   OF  THEOLOGY  OF 
THE   CATHOLIC   UNIVERSITY   OF   AMERICA 

IN  PARTIAL  FULFILMENT  OF  THE  REQUIREMENTS 
FOR  THE  DEGREE 

DOCTOR  OF  CANON  LAW 


Bv  CiiLRSTlNE  A.   FkKKlKS.  C.PP.S.,  J.C.L. 

Catholic  University  of  America 

191(> 


NIHIL  OBSTAT 


WASHINGTON,  D.  C,  DIE  14  JUNII  1916 


>i<  THOMAS  J.  SHAHAN,  S.  T.  D„ 

CENSOR  DEPUTATUS 


Copyright,  1916 

BY 

C.  A.  Freriks 
Ali,  Rights  Re;se;rved 


Washington 

Columbia   Polytechnic   Institute 

FOR  THE  Blind 

1916 


CONTENTS. 

PAGE 

Introduction 6 

Definition  and  Explanation  of  Terms 9 

An  Historical  Survey  of  Ecclesiastical  Approval 16-. 

The  Founding  and  Approval  of  Religious  Congregations...  33 

Entrance  into  a  Religious  Congregation 43 

The  Bond  of  Religious  Life 56 

Egress  from  a  Religious  Institute 64 

The  Relation  of  Congregations  to  the  Holy  See 76 

The  Relation  of  Congregations  to  the  Ordinary 85 

Sources  and  Bibliography Ill 


RELIGIOUS      CONGREGATIONS 


INTRODUCTION. 


A  treatise  on  Religious  Congregations  can  hardly  be  prefaced 
more  fitly  than  in  the  words  of  Pius  X :  "Dei  providentis  benigni- 
tatem,  opportune  Ecclesiae  temporibus  subvenientem,  cum  alia 
multa  ostendunt,  turn  hoc  praeclare,  quod  veteribus  religiosorum 
Ordinibus  ob  conversionem  publicarum  rerum  dispersis  afiflictisque, 
nova  instituta  accessere,  quae  professionem  religiosae  vitae  re- 
tinendo,  ingravescentibus  Christiani  populi  necessitatibus  multi- 
pliciter  deserviunt.  .  .  .  Profecto  sodalitatum  istiusmodi 
tarn  bene  de  Ecclesia  deque  ipsa  civili  societate  merentium,  sper- 
andum  est,  nunquam  defuturam  copiam :  hodieque  libet  agnoscere, 
usque  adeo  eas  increbuisse,  ut  nullum  videatur  esse  ministrandae 
caritatis  Christianae  genus,  quod  illae  reliquum  fecerint."  ^ ' 

The  truth  of  these  words  of  the  Sovereign  Pontiff  are  in  our 
times  so  evident  to  both  Catholics  and  non-Catholics  that  they 
naturally,  as  it  were,  turn  to  the  heroic  souls  of  Religion  in  al- 
most every  need  and  affliction  of  soul  and  body.  Wherever  the 
standard  of  tlie  Cross  has  been  carried,  there  divine  Providence 
has  chosen  heroic  souls  to  imitate  the  sacrifices  and  charity  of 
the  Crucified.  For  centuries  these  elect  of  God  were  banded 
together  in  Institutes  called  Orders  which  demanded  of  their 
members  the  profession  of  Solemn  vows  and  generally  also  the 
observance  of  the  Cloister.  With  the  changed  conditions  of 
society  it  frequently  became  very  difficult,  and  in  some  countries 
even  impossible,  to  adhere  to  this  ancient  and  approved  mode  of 
Religious  life  and  still  render  to  society  that  multifarious  service 
which  Christian  charity  inspires.  Hence  divine  Providence,  as 
the  Holy  Father  tells  us,  came  to  the  rescue  by  providing  Insti- 
tutes which  were  adapted  to  our  times  and  necessities. 

For  a  long  time,  however,  the  Church  was  extremely  reluctant 
to  recognize  officially  some  of  the  new  Institutes  that  had  sprung 
up  in  the  various  parts  of  the  Christian  world.     She  ever  appre- 


'  Deer.  "Dei  providentis,"  July  16,  1906. 


IN     THEIR     KXTKRNAL     RKLATIONS  7 

dated  the  good  they  performed  and  repeatedly  confirmed  their 
rule  of  life  as  well  adapted  to  the  purpose  of  their  Institutes. 
But  it  was  only  after  years  of  probation  that  She  gradually  placed 
Her  official  approval  on  single  Communities  and  their  mode  of 
living.  Especially  was  this  Her  attitude  towards  Institutes  of 
women. 

But  it  remained  for  the  celebrated  Pontiff,  Leo  XIII.  by  hh 
fhxrcQ  "Conditae  a  Christo,"  to  give  the  Congregations  a  ])erma- 
nent  and  specific  standing  in  the  Common  law  of  the  Church. 
Many  regulations  have  been  added  to  this  "Magna  Charta"  of 
Religious  Congregations.  Pius  X  says  in  one  of  his  decrees: 
"Apostolica  Sedes.  admodum  sollicita  provehendae  perfectionis 
inter  Religiosas  utriusque  sexus  Familias,  plures  edidit  easque 
saluberrimas  leges,  quibus  quaedam  vetantur,  quaedam  praescrib- 
untur,  ad  vSodalium  ingressum,  institutionem,  vota,  studia,  vitae 
externae  rationem  aliaque  id  genus  apte  moderanda."  - 

These  Avords  suggest  immediately  that  Pius  X's  motto.  "Re- 
staurare  omnia  in  Christo,"  embraced  nearly  every  phase  of 
Religious  life.  A  consistent  policy  of  reforming  and  generalizing 
the  laws  for  Religious  Congregations  was  carried  on  throughout 
his  entire  jjontificate.  Tliese  regulations  and  generalizations, 
however,  extended  chiefly  to  the  external  relations  of  Congre- 
gations. Some  important  modifications  and  new  laws  were  nKide 
for  the  internal  regime,  but  even  these  have  frequently  a  more  or 
less  close  connection  with  external  conditions. 

Manv  valuable  works  have  been  written  in  the  Latin,  German, 
French,  and  Italian  languages  on  Religious  Congregations.  Fre- 
quently their  authors  wrote  liefore  a  definite  and  common  status 
had  been  assigned  to  Religious  Institutes.  Then,  too,  large 
parts  of  their  works  are  often  devoted  to  the  "Normae"  drafted 
and  used  by  the  Holy  See  in  approving  new  Institutes.  But  the 
Holy  See  has  never  imposed  these  "Normae"  on  all  Congrega- 
tions as  laws.     Still  it  must  be  said  that  no  better   foundation 


Deer.  S.  C.  de  Religiosi.s,  July  3.  1910. 


8  RELIGIOUS      CONGREGATIONS 

could  1)6  laid  for  their  writings,  for  they  express  the  mind  of 
the  Holy  See.  Finally,  the  new  discipline  demands  a  reconstruc- 
tion of  many  of  the  works  on  Religious  Congregations. 

These  different  circumstances  and  the  fact  that  Religious  So- 
cieties occupy  such  an  important  place  in  Religious  life  and 
ecclesiastical  legislation,  have  led  us  to  believe  that  Religious 
Congregations  afforded  a  valuable  subject  for  a  canonical  study. 
The  i^resent  study,  however,  excludes  particular  and  internal 
reguL-itions  and  privileges.  It  aims  solely  at  investigating  the 
legislation  of  the  Church  in  regard  to  the  external  relations  of 
Religious  Congregations  in  general.  For  this  purpose  it  has 
seemed  necessarv  to  review  the  origin  and  development  of  Re- 
ligious Congregations,  to  give  the  laws  governing  a  new  founda- 
tion and  its  approval,  the  conditions  requisite  for  entrance,  the 
regulations  regarding  dismissal,  and  the  external  government. 

With  this  brief  foreword  we  introduce  the  reader  to  the  follow- 
ing eigiit  chapters  on  "Religious  Congregations  in  Their  External 
Relations."  hoping  some  day  to  perfect  and  supply  what  is  wanting 
in  them.  \Ye  deplore  the  fact  that  Euroi)ean  conditions  pre- 
vented us  from  investigating  some  valuable  works  having  direct 
bearing  on  our  .subject.  vSome  Canoni.sts  have  written  com- 
mentaries on  many  of  the  new  decrees  used  in  this  treatise,  but 
at  }. resent  it  is  very  difficult  and  in  some  cases  impossible,  as  we 
experienced,  to  obtain  them.  No  doubt  these  experienced  minds 
throw  considerable  light  on  many  points  of  the  new  regulations. 
To  all.  however,  that  will  be  said  in  the  following  pages,  let  the 
phrase  "salvo  meliore  judicio"  be  added  and  understood. 


IN     THEIR     EXTERNAL     RELATIONS 


CHAPTER  I. 


Definition  and  Explanation  of  Terms. 


The  word  "Congregation"  is  of  Latin  origin  [congregare,  f. 
con — together,  and  gregare — to  collect  into  a  flock  or  company, 
f.  gregem  (grex),  flock,  herd]  and  signifies  both  the  action  of 
collecting  and  its  result,  viz.,  a  gathering  or  assemblage  of  men, 
animals  or  things.  In  its  concrete  sense  as  an  assemblage  of 
persons  it  is  not  found  in  classical  Latin  ;  it  is,  however,  found 
in  the  Vulgate.'  Both  Old  and  New  Testaments  predicate  it  of 
Israelites  and  Christians  in  their  collective  capacity  as  well  as  of 
particular  groups  and  classes. - 

The  Biblical  use  of  the  term  found  application  in  secular  and 
ecclesiastical  institutions  and  corporations.  Assemblies,  societies, 
and  faculties  of  learning,  were  frequently  designated  "Congrega- 
tions"' in  civic  and  social  life."'  In  transacting  ecclesiastical  af- 
fairs the  Church,  both  in  Council  and  Curia,  has  from  time  im- 
memorial called  the  commissions  discharging  the  legislative,  ad- 
ministrative and  judicial  functions  "Congregations,"  or  the 
"Roman  Congregations"  in  the  case  of  the  permanent  commis- 
sions or  tribunals.* 

With  tlic  development  of  Religious  life  in  the  early  Church, 
groups  of  chosen  souls  established  their  abodes  in  the  wilder- 
ness and  deserts  to  devote  their  lives  to  a  more  intimate  union 
with  God.     These  little  communities  of   "saints"  are  known  in 


'  The  National  Ensflish  Dictionary. 

=  Num.  I.  2:  XVT.  If.;  T  Macab..  VII.  12;  TI  Thess..  II.  1. 
'  A  New  Ensrlish  Dictionary.  Vol.  8.  p.  824. 

*  Hilling,    "Procedure   of  the   Roman   Curia" :    Pastor,    "History  of   the 
Popes." 


50  RELIGIOUS      CONGREGATIONS 

history  as  the  first  "Congregations"  of  Religious.'  Later,  the 
Monastic  system  found  greater  protection  for  itself  by  uniting 
the  independent  Monasteries  into  "Congregations"  under  a  more 
or  less  general  direction  and  government."  But  the  severe  life 
of  the  ancient  Orders  was  not  adapted  to  the  new  conditions  of 
society  in  the  fifteenth  and  sixteenth  centuries.  Although  these 
Institutes  have  always  been  the  glory  of  the  Church,  yet  their 
rules  prevented  them  from  participating  in  many  works  of  re- 
ligion and  charity  which  the  changed  conditions  of  society  de- 
manded. Hence  arose  organizations,  clerical  and  laical,  which 
devoted  their  united  efiforts  to  the  welfare  of  the  Church  and 
its  members,  under  a  rule  of  life  suitable  to  their  aim  but  greatly 
unlike  the  established  Institutes.  These  organizations  the 
Church  incorporated.  W'hile  they  could  not  be  classed  among 
the  Religious  of  Solemn  vows  and  of  Cloistered  life,  they  re- 
ceived the  canonical  title  of  "Congregations"  pure  and  simple, 
in  contradistinction  to  the  ancient  Orders.  So,  the  ecclesiastical 
approval  of  one  of  the  first  of  these  Institutes  specifices  it.  "con- 
gregatio  de  corpore  cleri  saeculari."  ' 

A  Religious  Congregation,  therefore,  may  be  defined :  A  society, 
instituted  and  approved  by  ecclesiastical  authority,  in  which  the 
members  profess  to  tend  towards  perfection  by  the  practice  of 
the  three  Simple  and  perpetual  vows  of  poverty,  chastity  and 
obedience. «  In  such  associations  the  true  nature  of  the  Religious 
state  is  ])reserved.     They  are,  therefore,  called  in  the  language 


"Clem,  of  Alex.  Paedagog.,  17,  in  P.  G.  VIII,  320;  Butler.  "Lives  of 
Saints";  Cassian,  Coll.  2a  Praefatio ;  St.  Benedict's  Rule,  c.  7T.  2;  Gasquet, 
Monasticism. 

"Heimbucher.  Orden  und  Kongr.  vol.  I;  Vermeersch.  De  Rel.  Inst,  et 
Personis,  vol.  I;  Le  Canoniste  Contemp.,  vol.  25;  Casquet.  o.  c. :  Inno- 
cent III,  Const.  "In  singularis" ;  C.  of  Trent,  Sess.  2.5.  c.  6  and  8. 

'  Const.  "Ex  commissa,"  Sept.  22,  1655. 

^Ojetti.  Synopsis  Rerum  Mor.  et  Juris  Pont.,  N.  1512;  Bastien,  Direc- 
toire  Canonique,  n.  1. 


IN     THEIR     EXTERNAL     RELATIONS  11 

of  the  Church  and  of  Canonists,  ''Religious  Congregations"  in 
the  strictest  sense,  and  are  "distinguished  from  the  Religious 
Orders  chiefly  by  the  absence  of  the  Solemn  vows,  by  their  less 
rigid  mode  of  personal  allegiance  (vota  simplicia),  by  their 
simpler  organization  and  constitution,  and  by  their  freer  inter- 
course with  the  world."  '-^ 

There  are,  nevertheless,  many  Religious  Institutes  in  which 
the  vows  are  not  perpetual  but  temporary  ;  others  in  which  only 
one  vow,  or  more,  is  made,  be  it  temporary  or  perpetual.  These 
Institutes  naturally  lack  the  essentials  of  the  Religious  state, 
in  the  strict  and  traditional  sense,  and  are  only  improperly  called 
"Religious  Congregations."  ^° 

When,  furthermore.  Religious  Institutes  are  composed  prin- 
cipally of  clerics,  law  and  commentators  on  law  generally  style 
them  "Ecclesiastical  Congregations."  "  Although  they  are  placed 
in  the  category  of  Religious  Congregations,  yet,  in  virtue  of 
Sacred  Orders  which  their  members  receive,  the  Holy  See  fre- 
quently makes  many  exceptions  and  special  legislation  in  their 
favor.^-  The  status  of  all  these  Religious  Congregations  has 
been  dellned  by  Leo  XIII,  in  his  Decree  "Conditae  a  Christo" 
(Dec.  S,  1900),  and  their  place  in  Common  law  definitely  deter- 
mined. Notwithstanding  the  common  element  in  all  these  Insti- 
tutes, multiple  diverging  relations  augment  the  difficulty  in 
ascertaining  the  due  application  of  ecclesiastical  laws  to  these 
Religious  Congregations.  Hence  petitions  ever  recur  to  the 
Holy  See. 

Still  greater  difiiculties  arise  in  regard  to  those  numerous  Con- 
gregations in  which  are  professed  no  vows,  but  a  mere  oath  of 
perseverance  or  a  promise  pure  and  simple.  These  organizations 
may  consist  of  clerics  or  of  laics.    Upon  ecclesiastical  authorization 


'■'  Hilling.   Procedure  of  the  Roman  Curia,  p.  219. 

'"Ojetti,  1.  c. ;  Bastien,  1.  c. ;  Vermeersch.  De  Rel.  Inst,  et  Pcrs.,  p.  42. 
"  Vermeersch,  o.  c. ;  Sebastianelli,  Praelectiones  Jur.  Can.,  vol.  II,  p.  3.53. 
"Const.  "Conditae  a  Christo"   (Dec.  8,  1900)   C.  II,  n.  9,  10.  11. 


12  RELICIOUS      CONGREGATIONS 

they  become  true  Religious  Associations  and  are,  therefore, 
classed  among  the  Congregations,  but  only  in  a  very  broad  and 
improper  sense. ^^ 

To  these  must  be  added  another  species  of  associations  insti- 
tuted by  the  Church  for  carrying  on  works  of  piety  or  of  charity 
in  the  world  without  leading  a  common  life  under  the  direction 
of  an  authorized  Superior.  These,  in  official  documents,  are 
sometimes  called  Congregations  but  more  frequently  Confra- 
ternities.' *  This  class  of  Congregations  so-called  is  outside  of  our 
scope. 

The  basis  of  this  treatise  shall  be  the  Religious  Congregations 
of  Simple  vows,  because  they  possess  the  common  element  which 
permits  of  generalization,  viz.,  the  Simple  vows.  Those  com- 
munities, however,  which  have  not  the  vows  as  a  bond  of  per- 
severance, but  receive  ecclesiastical  approval,  strive  for  perfec- 
tion under  a  common  rule  and  live  after  the  manner  of  true 
Religious,  cannot  be  excluded  from  our  investigation.  In  virtue 
of  these  common  principles,  ecclesiastical  law,  in  most  regula- 
tions, considers  them  on  an  equal  basis.  Where  limitations  or 
extensions  are  necessary,  explicit  reference  is  made  to  the  excep- 
tion. This  procedure,  we  think,  has  become  Rome's  mode  of 
action  more  and  more  in  these  latter  years  as  will  be  evidenced 
throughout  the  dissertation. 

May  we  then  class  the  members  of  all  the  foregoing  Congre- 
gations as  Religious  ?  Benedict  XIV  in  his  Constitution,  "Ouam- 
vis  justo"  (1U9),  drew  attention  to  the  fact  that  the  Sisters  of 
the  Anglican  Congregation  could  not  be  called  Religious  because 
they  made  no  profession  of  Solemn  vows  and  retained  no  Cloister. 
By  this  act  he  simply  declared  the  traditional  practice  of  the 
Roman  Curia  and  of  Canonists.     Gregory  XIII  made  an  exception 


'  Vermeersch,  1.  c. ;  Ojetti.  I.  c. 

'' Ojetti,  1.  c,  n.  1495;  Vermeersch,  1.  c. 


IN     THEIR     EXTERNAL     RELATIONS  13 

in  favor  of  the  Scholastics  of  the  Jesuit  Society.^-"'  But  later 
legislation  has  at  times  ignored  the  distinction  and  designated  as 
Religious  all  those  who  strive  for  perfection  under  a  common 
rule  of  life,  authorized  and  directed  by  the  Church.'^  Expressions 
similar  to  the  following  are  frequently  found:  "Religiosi  votis 
temporaneis  vel  iuramento  perseverantiae  vel  supra  dictis  promis- 
sionibus  ligati,  etc."  ^'  Here  is  but  another  instance  in  which 
technicalities  yielded  to  custom,  for  common  parlance  never 
adopted  any  other  appellation. 

In  regard  to  women  Religious,  in  particular,  the  names  "Nun" 
and  "Sister"  are  frequently  used  promiscuously.  Rtymologically 
and  canonically  the  word  "monialis"  (Nun),  in  the  strict  sense, 
is  predicable  only  of  persons  in  Solemn  vows  and  the  "Normae" 
of  190]  forbade  its  use  except  for  such ;  but  this,  too,  is  applied 
to  women  in  Institutes  of  Simple  vows  in  which  the  papal  Cloister 
is  observed,  and  sometimes  even  to  others.'^  However,  late  de- 
crees draw  a  distinction  between  Nuns  and  Sisters  in  favor  of  the 
original  classification,  i.  e.,  Nuns  are  such  as  have  the  Solemn 
vows,  or  at  least  Simple  vows  which  prepare  them  for  the  Solemn 
vows.     All  others  are  classed  as  Sisters."' 

No  strict  distinction,  on  the  contrary,  is  made  of  the  term 
"Profession"  of  Religious  life.  Authors  forbid  the  use  of  the 
term  "Religious  Profession"  save  in  the  case  of  Religious  Orders 


'■''  Const.  "Ascendente  Domino,"  1584. 

"'Deer.  "Dei  providentis" ;  July  16,  1906;  Const.  "Sapienti  consilio," 
June  28,  1008;  Deer.  S.  C.  de  Rel.,  Apr.  5,  1910;  aliud  eiusdem,  Nov.  21, 
1908;  Vermeersch.  Periodisa,  Vol.  II.  p.  101;  Ojetti,  De  Rom.  Curia;  Deer. 
S.  C.  de  Rel.,  Feb.  3,  1913. 

"  In  the  Response  of  S.  C.  de  Rel.,  of  Apr.  5,  1910. 

'*  Vermeersch,  De  Rel.,  Inst.,  et  Pers.,  p.  43;  Periodica,  Vol.  VI,  p.  60. 

'*  Deer.  "Cum  singulae,"  May  16,  1911 ;  Deer.  "Cum  de  sacramentalibus," 
Feb.  3,  1913;  Vermeersch,  De  Rel.  Inst,  et  Pers.,  p.  443;  Periodica,  Vol. 
VI,  p.  50. 


14  RELIGIOUS      CONGREGATIONS 

to  which  it  can  be  properly  applied,-"  but  Pius  X  does  not  hesitate 
to  speak  of  Religious  associations,  "quae  professionem  Religiosae 
vitae  retinendo,  ingravescentibus  Christiani  populi  necessitatibus 
multipliciter  deserviunt."  -^  And  rightly  so,  for  also  in  Congre- 
gations a  public  and  solemn  declaration  confirmed  by  vow,  oath, 
or  promise  is  made  by  persons  to  devote  themselves  to  God  and 
His  exclusive  service  according  to  the  direction  of  the  rules  of 
the  Institute. 

Rules,  finally,  are  norms,  standards  or  guides  of  life.  Canon 
law  has  standardized  four  rules,  or  better,  four  sets  of  rules,  viz., 
that  of  St.  Basil,  that  of  St.  Augustine,  that  of  St.  Benedict  and 
that  of  St.  Francis  of  Assissi.  Along  with  these  existed  the 
rules  of  St.  Pachomius,  of  St.  Columbanus,  of  St.  Anthony  and 
of  Cassian.--  The  first  four  norms  became  the  general  "Regu- 
lae"  for  Religious.  Others  were  strictly  forbidden  as  will  be 
seen  later.  But  Leo  X  broke  away  from  the  canonical  prohibi- 
tion by  giving  the  Franciscan  Tertiary  Congregation  a  new  rule 
of  life.  This,  in  1877.  was  assigned  by  Pius  IX  to  a  new  Re- 
ligious Congregation  in  India.  The  "Canonical  Regulae,"  there- 
fore, possess  great  antiquity,  and  enjoy  special  ecclesiastical  ap- 
proval and  the  most  extensive  use.-" 

However,  at  various  times  and  for  different  reasons  other 
regulations,  which  emanated  from  the  general  Chapters  and  Su- 
periors of  particular  Orders,  were  called  "Constitutions,"  because 
they  did  not  enjoy  papal  approval  and  were,  moreover,  intended 
only  for  special  ends  and  purposes  of  particular  Orders.  This 
distinction  between  Rules  and  Constitutions  is  observed  by  authors 
when  speaking  of  Orders  or  of  Institutes  possessing  one  of  the 
ancient  Regulae.  But  in  other  Religious  Institutes  the  distinc- 
tion is  arbitrary.     In  fact,  the  S.  C.  EE.  et  RR.  has  repeatedly 


'"  Bastien,  1.  c,  p.  o ;  Battandier,  "Guide  Canonique."  p.  109. 

-^  Deer.  "Dei  providentis,"  July  16,  1906. 

"  Gasquet.  o.  c. ;  Butler,  o.  c. 

■'  Bouix,  De  Jure  Reg.,  Vol.  II.  p.  544 ;  Sebastianelli,  De  Personis,  p.  351. 


IN     TIIKIR     EXTERNAL     RlvI.A'l'IONS  15 

declared  that  it  is  unwarranted  ;-*  and,  moreover,  has  repeatedly 
])ermitted  and  approved  the  statutes  of  Congregations  when 
termed  "i'legulae."  -'••  The  terms,  "Rules,"  "Statutes,"  and  "Con- 
stitutions," consequently,  when  applied  to  Religious  Congrega- 
tions are  used  synonomously,  but  the  "Normae"  of  1901  also 
demanded  that  the  term  "Constitutiones,"  and  not  "Regulae,"  be 
used  in  Congregations.  If  any  distinction,  then,  is  made  be- 
tween them,  the  reasons  must  be  sought  in  the  particular  Insti- 
tute rather  than  in  Common  law. 


-■' Bizzarri.  "Collectanea,"  782;  VIII,  2,  789;  XIV,  10—791;  XV,  6. 
"'■  Bastien,  o.  c,  p.  3. 


16  RELIGIOUS      CONGREGATIONS 


CHAPTER  11. 
An  Historicai,  Survey  of  Ecclesiastical  Approval.^ 

The  history  of  the  Regular  Orders  has  been  written  by  different 
authors.  Not  the  same  can  be  said  of  Religious  Congregations. 
And,  indeed,  it  is  not  an  inviting  task  to  undertake,  for  many 
of  the  Institutes  have  disappeared  entirely,  leaving  little  more 
than  a  mere  name  to  history.  Others,  while  they  have  weathered 
the  storm  of  ecclesiastical  opposition,  often  lack  the  necessary 
and  precise  data  from  which  their  early  struggles  may  be  gleaned. 
Then  the  large  number  of  these  Institutes  and  the  almost  insuper- 
able difficulties  involved  in  obtaining  the  available  facts,  have 
kept  many  scholars  from  applying  their  talents  and  time  to  this 
work.  It  is  not  the  purpose  of  this  treatise  to  supply  the  defi- 
ciency. But  the  scope  of  our  subject  at  least  calls  for  a  brief 
sketch  of  the  origin,  growth  and  approval  of  Religious  Congre- 
gations in  the  light  of  ecclesiastical  legislation. 

Some  strong  arguments  have  been  produced  by  several  Canon- 
ists and  Moralists  to  prove  that  the  vows  of  the  early  Religious 
were  all  Simple.-  One  could  therefore,  with  some  show  of  avi- 
thority  class  them  among  Religious  Congregations  in  our  sense. 
But  it  is  a  useless  undertaking.  One  thing,  though,  seems  certain, 
viz.,  that  at  the  end  of  the  twelfth  century  the  Church  acknowl- 
edged only  the  strict  Religious  Orders  with  Solemn  vows.  The 
basis  for  this  is  found  in  the  Decretals  which  invariably  speak 
of  "Religiones"  and  "Religiosi  Ordines."  ■'     Authors  admit  that 


'  Vermeersch,  De  Rel.  hist,  et  Pers.,  vols.  I  et  II;  Periodica,  vols.  1 — 7; 
cfr.  Heimbucher,  "Die  Orden  und  Kongr,"  vols.  I  et  II;  H.  Hohn,  "Voca- 
tions," 3  vols. ;  Elinor  Dehey,  "Religious  Orders  of  Women  in  the  United 
States." 

"  Cfr.  Ballay's  article  in  Arck.,  f.  k.  k.,  torn.  17. 

'  C.  9,  tit.  36,  X.  lib.  Ill ;  c.  3,  tit.  17,  in  6°. 


IN     THEIR     EXTERNAL     RELATIONS  ]7 

no  explicit  and  absolute  proof  to  the  effect  that  these  terms  were 
used  in  the  twelfth  century  exclusively  in  connection  with  Orders 
of  Solemn  vows  is  obtainable.*  But  the  very  fact  that  the  Orders 
of  that  time  have  continued  throughout  the  centuries,  substan- 
tially unaltered,  creates  a  very  great  presumption  that  at  that 
time  they  were  as  we  find  them  today,  and,  therefore,  the  above 
mentioned  terms  invariably  signified  only  Orders  with  Solemn 
vows.  Gratian  draws  a  strict  distinction  between  the  Simple 
vows  and  the  vow  professed  in  Religion:  "Hie  distinguendum  est 
quod  voventium  alii  sunt  simpliciter  voventes  .  .  .  alii  sunt, 
quibus  post  votum,  benedictio  accedit  consecrationi,  vel  propo- 
situm  religionis."  ''  Bernardus  of  Pavia  adds  his  authority  to 
the  same  distinction. «  Boniface  VIII,  however,  definitely  lays 
down  the  principle  that  vows  taken  in  approved  Societies  are 
Solemn:  "Illud  solum  votum  debere  dici  solemne  .  .  .  quod 
solemnizatum  fuerit  per  suceptionem  S.  Ordinis  aut  per  pro- 
fessionem  expressam  vel  tacitam  factam  alicui  de  religionibus 
per  Sedem  Apostolicam  ai)probatis.''  '•  From  these  statements 
the  conclusion  is  warranted  that  no  Religious  Congregations  as 
such,  /.  e.,  with  only  Simple  vows,  were  acknowledged  by  the 
Holy  See  at  the  time  of  Boniface  VIII  in  the  thirteenth  century. 
The  argument  increases  in  weight  when  viewed  in  connection 
with  the  prohibition  of  joining  any  unapproved  Order.  Innocent 
III  forbade  not  only  the  formation  of  new  Orders,  but  also  strictly 
prohibited  persons  from  affiliating  themselves  to  any  unapproved 
Order:  "Ne  nimis  religionum  diversitas  gravem  in  Ecclesiam  Dei 
confusionem  inducat,  firmiter,  prohibemus,  ne  quis  de  caetero 
novam  Religionem  inveniat  sed  quicumque  ad  Religionem  con- 
verti  voluerit,  unam  de  approbatis  assumat."  "     Notwithstandino- 


*  Sebastianelli,  Praelectiones,  de  Pers.,  p.  357. 

'  Decretum  Gratiani,  c.  Presbyt.  8,  D.  27. 

"  Apud  Vermeersch,  De  Rel.  Inst,  et  Pers.,  Pars.  I. 

°C.  unic.  de  voto,  tit.  15,  lib.  Ill  in  6°. 

'  C.  9,  tit.  36,  X.  lib.  III. 


18  RELIGIOUS      CONGREGATIONS 

the  peremptory  decree  of  the  Sovereign  Pontiff  and  the  IV  Lateran 
Council,  new  Institutes  did  spring  up  and  the  Council  of  Lyons 
(1274)  under  Gregory  X  not  only  reiterated  the  law  of  Innocent 
III.  but  also  decreed  the  disbandment  of  all  Institutes  founded 
since  the  Decree:  "Ne  aliquis  de  caetero  novum  Ordinem  aut 
Religioncm  adveniat,  vel  habitum  novae  Religionis  assumat. 
Cunctae  affatim  lieligiones  et  Ordines  mendicantes  post  dictum 
Concilium  adinventos.  qui  nulla  contirmatione  sedis  apostolicae 
mcruerunt.  perpetuae  prohibitioni  subjicimus  et  quatenus  pro- 
cesserant  revocamus."  '' 

Among  the  condemned  Societies  are  enumerated  especially  the 
Humiliati,  The  Poor  of  Lyons  and  the  Beghards.  But  appar- 
ently some  others  persevered  in  spite  of  the  regulations.  Hence 
Clement  V  issued  another  proclamation  condemning  them.^  The 
reason  for  this  apparent  severity  of  the  Popes  was  not  so  mtich 
the  great  multiplication  of  new  Religious  Orders  or  Institutes 
(for  good  reasons  justified  new  foundations)  as  the  heretical  doc- 
trines and  immoral  practices  prevalent  in  certain  Institutes.  This 
fact  was  known  to  Bishops  and  people  alike.  Hence  John  XXII 
was  called  upon  to  interpret  the  mind  of  the  Holy  See  in  the 
above  mentioned  condemnations,  especially  since  many  Institutes 
had  arisen  which  deserved  well  of  the  Church.  His  declara- 
tion proclaims  the  "tolerari  potest"  of  certain  Institutes  under 
the  surveyance  and  jurisdiction  of  local  Bishops:  "Ceterum 
statum  Beghinarum  huiusmodi  quos  esse  permittimus  (nisi  de 
his  per  sedem  apostolicam  aliter  ordinandis  existent)  nullatenus 
ex  praemissis  intendimus  approbare."  ^*'  The  In.stitute  as  such 
is  not  to  be  approved,  the  Pope  continues,  but  under  the  condi- 
tions their  mode  of  life  may  be  permitted  by  the  Bishops. 

Congregations  of  this  sort  were,  seemingly,  the  Dames  of  St. 
Andrew,  the  Beghines,  Magdalenes,  and  Soeurs  de  la  IMisercorde 


C.  J,  tit.  17,  in  G°. 
C.  I,  tit.  11,  lib.  111.  In  Clem. 
"  C.  Unica,  tit.  7,  ex  Extrav. 


IN     THEIR    EXTERNAL     RELATIONS  19 

de  Jesu.  This  latter  Society  struggled  on  against  all  opposition 
from  the  thirteenth  century  until  the  year  1G2?  when  the  Holy 
See  finally  granted  it  pontifical  recognition.^^  Moreover  many 
Associations  of  Tertiaries  had  arisen  which  were  affiliated  to  one 
or  another  of  the  strict  Orders  and  at  times  sought  Papal  ap- 
proval. But  it  was  reserved  to  Leo  X  to  establish  them  on  a 
solid  basis  of  community  life.^-  He  acknowledged  not  only  their 
good  work,  but  wrote  also  a  special  rule  for  them  which  has  be- 
come the  norm  for  many  Religious  Institutes  of  women.  As 
we  saw  in  the  last  chapter,  Pius  IX  assigned  this  same  rule  to 
a  new  Community  of  Sisters  in  India  no  later  than  1877. 

Prior  to  the  sixteenth  century,  however,  comparatively  few 
instances  are  found  where  Community  life  was  professed  with- 
out the  Solemn  vows.  But  between  the  twelfth  and  sixteenth 
centuries  many  new  Orders  were  authorized  by  the  Holy  See. 
Authors  generally  classify  them  as  Friars,  Canons  Regular, 
Clerks  Regular,  and  the  so-called  Second  Orders  of  St.  Francis, 
of  St.  Dominic,  of  the  Carmelites,  and  of  the  Augustinians. 
These,  however,  espoused  the  mode  of  life  sanctioned  by  the 
Church  for  many  centuries  in  the  form  of  strict  Orders  with 
Solemn  vows.^" 

But  the  revolutionary  spirit  of  the  fifteenth  and  sixteenth  cen- 
turies had  a  baneful  influence  upon  all  Religious  life.  Discipline 
had  become  lax  in  many  Institutes  and  scandals  not  a  few  aroused 
the  indignation  of  those  in  high  places.  The  Tridentine  reforms 
sought  a  renovation  of  Religious  life  and  a  return  to  ancient 
principles  and  traditions.  Wherefore  the  Council  of  Trent  de- 
creed in  session  XXV,  c.  1 :  "Hoc  decreto  praecipit  ut  omnes 
regulares,  tarn  viri  quam  mulieres,  ad  regulae,  quam  professi 
sunt,  praescriptam  vitam  instituant  et  componant,  atque  in  primis 
quae  ad  suae  professionis  perfectionem,  ut  oboedientiae,  pauper- 


"  H.  Hohn,  "Vocations." 

'"-  Const.  "Inter  Cetera,"  1521. 

"  Heimbucher,  o.  c. ;  Boudinhon,  Le  Canoniste,  vol.  25  sq. 


20  RELIGIOUS      CONGREGATIONS 

tatis  et  castitatis  ac  si  quae  alia  sunt  alicuius  regulae  et  ordinis 
peculiaria  vota  et  praecepta,  ad  eorum  respective  essentiam  nee 
non  ad  communem  vitam,  victum  et  vestitum  conservanda  perti- 
nentia  fideliter  observent."  It  is  superflous  to  adduce  the  his- 
torical foundation  for  these  specifications.  Let  it  suffice  that  the 
Bishops  were  commissioned  as  the  special  delegates  of  the  Holy 
See  to  see  that  the  reforms  were  inaugurated  and  maintained, 
not  only  in  Institutes  which  made  no  Solemn  profession,  but  also 
in  Monasteries  and  Orders :  "Commendata  monasteria  etiam 
abbatiae,  prioratus  et  praepositurae  nuncupatae,  in  quibus  non 
viget  regularis  observantia  .  .  .  ab  episcopis,  etiam,  tam- 
quam  apostolicae  sedis  delegatis  annis  singulis  visitentur ;  curent- 
que  iidem  episcopi  congruentibus  remediis  .  .  .  ut  quae 
renovatione  indigent  aut  restauratione,  reficiantur."  ^* 

The  Council  of  Trent  heralds  in  a  new  era  for  Religious  Orders 
and  Institutes.  Since  its  immediate  effects  were  different  on  In- 
stitutes of  men  and  of  women,  a  clearer  view  will  be  obtained  by 
taking  each  separately. 

Institutes  of  Men. 

Pius  V  responded  to  the  Council  of  Trent  by  issuing  regulations 
which  would  eradicate  the  abuses  and  innovations  of  Religious 
Institutes.  But  his  means  were  radical  and  drastic.  They  per- 
mitted no  temporizing.  By  the  Bull  "Lubricum  vitae  genus" 
(1568),  Religious  and  Tertiaries  were  compelled  to  change  their 
mode  of  life  and  the  nature  of  their  Institute.  The  determinate 
stand  of  the  Holy  See  remained  inflexible.  The  gist  of  the  Bull 
is  given  in  the  following  words :  "Statuimus  ut  omnes  et  singuli 
.  .  .  in  communi  et  sub  oboedientia  voluntari  et  extra  votum 
solemne  Religionis  viventes  .  .  .  professionem  regularem 
solemnem  emittere  .  .  .  et  intra  viginti  quattuor  horarum 
spatium  palam  et  sj^onte  deliberent  et  declarent."  This  mandate 
extended  not  only  to  the  profession  of  Solemn  vows,  but  also  to 


Sess.  21,  c.  8. 


IN     THEIR     EXTERNAL     RELATIONS  21 

the  choice  of  one  of  the  four  approved  "Regulae"  as  decreed  by 
Innocent  III  and  Gregory  X. 

It  is  difficult  in  our  day  to  measure  the  influence  this  legislation 
had  upon  the  Religious  life  of  the  Institutes  of  Men,  but  tangible 
results  were  apparent  at  once.  Not  only  were  reforms  effected 
but  Institutes,  organized  contrary  to  the  mind  of  the  Church, 
were  affiliated  to  the  Orders  of  the  Regular  observance.  Thus 
Pius  V  united  a  Franciscan  Tertiary  Community  to  the  Regular 
Order.^^  In  the  wake  of  the  Religious  revival  new  Institutes 
arose  and  old  ones  sought  pontifical  approval.  The  Clerks  Regu- 
lar of  the  Mother  of  God  were  approved  in  1574,  an  independent 
Discalced  Carmelite  Order  in  1580,  the  Camillians  in  1582,  the 
Clerks  Minor  in  1588,  the  Clerks  Regular  of  Pious  Schools  in 
1621,  the  Marian  Clerks  Regulars  in  1673,  the  Order  of  Penance 
in  1784,  and  the  latest  Order  seems  to  be  that  of  the  Canons 
Regular  of  the  Immaculate  Conception  in  1866.^®  The  most 
checkered  career  of  all  these  new  Orders  seems  to  have  been 
that  of  the  Clerks  Regular  of  Pious  Schools.  Founded  in  1597 
at  Rome,  they  united  with  the  Clerks  Regular  of  the  Mother 
of  God  in  1614.  This  union  was  severed  in  1617  and  the  Holy 
See  gave  them  a  separate  approval  in  1621.  Dissensions  within 
their  own  ranks  induced  Rome  to  dissolve  them  in  1646.  Ten 
years  later,  however,  a  new  and  more  flourishing  Institute  arose 
upon  the  ruins  of  the  old.  At  present  they  number  no  less  than 
two  thousand  members. 

During  these  three  centuries  of  Religious  advancement,  the 
Oriental  Church  has  not  manifested  the  same  growth  of  the 
Religious  life  as  the  Western  Church.  It  has  added  but  little 
worthy  of  mentioning.  In  the  year  1701  we  find  the  Order  of 
Mechitarians,  or  the  Armenian  Benedictines  (founded  at  Con- 
stantinople) which  is  perhaps  the  only  new  Order  since  the  Coun- 


'°Cfr.  Heimbucher,  o.  c;  Theol.  Pract.  Quartalschrift,  vol.  65,  p.  365; 
Zak,  "Oesterreichisches  Klosterbuch" ;  Holn,  "Vocations." 
'•  Ibidem. 


22  RELIGIOUS      CONGREGATIONS 

cil  of  Trent.  It  received  ecclesiastical  recognition  soon  after- 
wards, but  its  Constitutions  were  approved  as  late  as  1909.  The 
ancient  Order  of  Antonians,  too,  received  new  life  and  strength 
by  having  its  Constitutions  revised  and  approved  by  the  Holy 
See  in  1740.1' 

Did,  then,  the  Religious  Congregations  of  men  disappear  with 
the  advent  of  reform?  No.  The  conditions  of  the  times,  and 
the  needs  of  the  Church  together  with  the  aspirations  of  apostolic 
men  to  meet  both,  produced,  with  God's  grace,  organizations  of 
men  which  the  Holy  See  gladly  received  and  guided.  They  were 
accepted,  not  indeed  on  an  equal  basis  with  the  ancient  Orders, 
but  as  divinely  inspired  Institutes  destined  to  meet  exigencies  that 
the  austere  rules  of  the  existing  Orders  could  not  well  provide  for. 
Their  humble  beginnings  were  naturally  diocesan  and  therefore 
furthered  by  Bishops  only.  When  their  field  of  labor  extended 
beyond  the  diocesan  borders,  a  conflict,  or  at  least  an  occasion  for 
conflict,  of  Episcopal  authority  too  often  arose.  This  naturally 
led  them  to  seek  Roman  approval  and  Roman  jurisdiction.  If 
the  Institute's  field  of  labor  promised  permanence,  the  Holy  See 
hesitated  not  to  receive  it  under  her  protecting  mantle  and,  if 
necessary,  modify  or  grant  it  an  organization,  rule  and  privileges 
suitable  to  its  scope  and  purpose. 

Thus  hardly  had  the  echoes  of  the  Council  of  Trent  and  the 
Bull  "Lubricum  vitae  genus"  subsided,  when  the  Congregations 
of  the  Oratorians  (1587)  and  the  Doctrinarians  (1593)  budded 
forth  into  a  vigorous  life  under  Episcopal  authorization  and  which 
readily  succeeded  in  winning  recognition  and  approval  from  the 
Pontiffs  of  their  times.  The  seventeenth  century  added  the  Con- 
gregations of  the  Pious  Works  (1601),  the  Lazarists  (1625),  the 
Eudists  (1643),  the  Sulpicians  (1658),  and  the  Congregation  of 
Missions  (1658).  With  the  advent  of  the  eighteenth  century  the 
Religious  attitude  of  the  age  and  the  Holy  See  favored  a  stricter 
discipline.     Perhaps   the    Congregation    of   the    Fathers   of   the 


"  Ibidem ;  et  Deer.  S.  C.  de  Prop.  Fide,  Aug.  6,  1909. 


IN     THEIR     EXTERNAL     RELATIONS  23 

Holy  Ghost  (1703)  must  be  excepted,  but  the  other  Religious 
Congregations  of  this  century  approached  more  and  more  the 
strict  Orders.  Such  were  especially  the  Passionists  (1725)  and 
the  Redemptorists  (1733).  In  consequence  of  their  strict  dis- 
cipline and  of  their  perpetual  Simple  vows,  they  obtained  nearly 
the  same  rights  and  privileges  as  these  Orders.  Heretofore  the 
Holy  See  had  left  intact  the  Episcopal  jurisdiction  in  Congrega- 
tions, but  upon  these  strict  Institutes  She  conferred  full  ex- 
emption, and  in  subsequent  legislation  ordinarily  considered  them 
as  belonging  in  the  same  category  with  the  strict  Order. 

In  nearly  all  these  Congregations  the  Simple  vows  were  made. 
They  were  generally  considered  essential  to  community  life.  The 
nineteenth  century,  however,  felt  no  repugnance  in  deviating  even 
from  this  mode  of  Religious  life.  No  doubt  the  turbulent  status 
of  civil  society  was  the  chief  factor  responsible.  But  be  the  cause 
what  it  may,  no  less  than  forty  Religious  Societies  and  Congre- 
gations sprang  into  existence,  some  at  the  instigation  of  Bishops, 
others  upon  the  wish  and  suggestions  of  the  Roman  PontifTs. 
Still  others  owe  their  origin  to  heroic  souls  who  saw  in  them  the 
best  means  of  meeting  the  needs  of  the  times. 

Their  bond  of  perseverance  and  obligations  of  leading  a  Re- 
ligious life  according  to  the  counsels  of  the  Master,  consisted  now 
in  Simple  vows,  now  in  an  oath,  and  quite  often  in  a  mere  promise 
of  fidelity. 

The  Holy  See  no  longer  manifested  any  hesitancy  in  sanction- 
ing these  Institutes  when  they  had  proved  themselves  profitable 
in  the  eyes  of  the  Bishops  and  their  work  could  be  furthered  by 
Her  approval.  Repeatedly  the  highest  praises,  special  privileges, 
and  extensive  powers,  where  sufficient  reasons  warranted  them, 
were  bestowed  without  reluctance.^* 

These  privileges,  rights  and  limited  exemptions  followed  not 
from  Common  law,  but  were  granted  in  the  particular  Indults  of 


"  Meimbucher,  o.  c. ;  Boudinhon,  "Le  Canoniste,"  vol.  25  sq. ;  Bizzarri, 
"Collectonea" ;  Hilling,  "Proceedings  of  the  Roman  Curia" ;  The  respective 
"Decrees"  of  praise  and  approval. 


24  REUGIOUS      CONGREGATIONS 

approval.  They  varied  according  to  the  nature  and  scope  ot 
the  individual  Institute.  But  this  very  frequently  caused  consid- 
erable inconvenience,  and  at  times  occasioned  no  little  confusion 
for  both  Bishops  and  Superiors.  Hence  Leo  XIII  sought  to 
remedy  the  difficulties  by  laying  down  general  principles  and  laws 
which  must  govern  all  Religious  Congregations,  Diocesan  and 
Pontifical  respectively.  This  legislation  is  incorporated  in  the 
Constitution  "Conditae  a  Christo,"  dated  and  promulgated  De- 
cember 8th,  1900.  To  this  "Corpus  Juris"  for  Religious,  numer- 
ous regulations  have  been  added  in  subsequent  years,  so  that  the 
Congregations  today  find  themselves  on  a  full  canonical  basis 
nearly  as  well  defined  as  that  of  the  Regular  Orders. 

Under  the  benign  guidance  and  favorable  legislation  of  the 
Floly  See,  these  Congregations  of  men  have  grown  and  developed 
to  such  an  extent  that  they  compare  well,  at  least  in  numbers, 
with  the  strict  Orders.  To  take  cognizance  of  the  Diocesan 
Institutes  in  such  a  comparison  is  hardly  possible.  But,  accord- 
ing to  statistics  for  1913,  there  exist  today  some  thirty-three  Regu- 
lar Orders  of  Knights,  Monks,  Mendicants,  Canons  Regular  and 
Clerks  Regular  with  a  total  membership  of  about  fifty-eight  thou- 
sand Religious.  On  the  other  hand,  the  Holy  See  has  approved 
in  these  latter  centuries  some  sixty-six  Congregations  with  an 
aggregate  membership  of  about  fifty-nine  thousand  Religious.^* 
This  vast  array  of  Clerics  and  Brothers  lend  their  service  to 
nearly  every  work  of  Charity  and  Religion  within  the  Catholic 
Church  which  has  for  its  domain  the  kingdom  of  the  earth  and 
for  its  inheritance  the  peoples  of  every  tribe  and  nation  and 
tongue. 

Institutes  of  Women. 

The  lax  Religious  spirit  of  the  fifteenth  and  sixteenth  cen- 
turies had  also  invaded  the  Cloisters  of  women.  The  Council  of 
Trent  (  Sess.  25,  c.  5)  renewed  the  strict  legislation  of  Boniface 


''Anntiario    Pontificio,"   1915;   Theol.   Pracktische   Quartalschrift.   1.   c; 

H,  Hohn,  "Vocations  for  Men." 


IN     THEIR     EXTERNAL     RELATIONS  25 

VHP"  and  commissioned  the  Ordinaries  to  enforce  the  strict 
observance  of  the  Solemn  vows  and  the  papal  Cloister. 

But  here,  too,  it  was  the  great  Pius  V  who  was  to  inaugurate 
the  actual  reform.  By  his  decree  "Circa  Pastoralis"  (May  26, 
15G6).  he  sought  to  renovate  Cloister  life  and  force  all  Religious, 
even  the  Tertiaries,  into  Congregations  to  take  the  Solemn  vows 
and  observe  the  Cloister.  Should  any  refuse  and  continue  a 
life  of  scandal,  the  Bishops  were  empowered  to  mete  out  the 
severest  punishment  to  compel  submission.  But  let  the  PontiflF's 
own  words  show  us  the  mind  of  the  Holy  See  in  introducing 
measures  that  gave  new  life  and  vigor  to  Religious  Institutes  and 
Orders:  "Mulieres  quoque  quae  Tertiariae  seu  de  Paenitentia 
dicuntur,  cuiuscumque  fuerit  Ordinis  in  congregatione  viventes, 
si  et  ipsae  professae  fuerint,  ita  ut  solemne  votum  emiserint,  ad 
clausuram  praecise,  ut  praemittitur,  et  ipsae  teneantur ;  quod  si 
votum  solemne  non  emiserint,  Ordinarii  una  cum  superioribus 
earum  hortentur  et  persuadere  studeant,  ut  illud  emittant  et 
profiteantur  ac  post  emissionem  et  professionem  eidem  clausurae 
se  subiciant ;  quod  si  recusaverint  et  aliquae  ex  iis  inventae  fuerint 
scandalose  vivere,  severissime  puniantur. 

"Ceteris  autem  in  omnibus  sic  absque  emissione  professionis 
et  clausura  vivere  omnino  volentibus  interdicimus  et  perpetuo 
prohibemus,  ne  in  futurum  ullam  aliam  prorsus  in  suum  Ordinem, 
Religionem  Congregationemque  recipiant.  Quod  si  contra  huius- 
modi  banc  nostram  prohibitionem  et  decretum  aliquas  receperint, 
eas  ad  sic  vivendum  omnino  inhabiles  reddimus,  ac  illarum, 
quaslibet  professiones  et  receptiones  irritas  facimus  et  annula- 
mus." 

The  fruits  of  this  legislation  were  soon  manifest.     Many  of 

the  Institutes  returned  to  the  ancient  discipline  or  at  least  sub- 
mitted to  the  letter  of  the  law.  The  Society  of  the  Jesuitissae  was 
abolished  by  Urban   VIII   on   account   of   tlie  many   intolerable 


Const.  "Periculoso" ;  c.  un.  de  statu  regul.,  tit,  16,  lib.  Ill  in  6" 


2G  RELIGIOUS      CONGREGATIONS 

abuses  that  had  crept  into  the  Institute.  The  Carmelite  Ter- 
tiaries,  at  least  some  of  them,  affiliated  themselves  to  the  strict 
Order  of  Carmelites.-^  The  Ursuline  Sisters  had  organized 
prior  to  Trent  (1537)  and  had,  moreover,  also  secured  pontifical 
recognition  as  a  Congregation.  But  the  stringent  demands  of 
ecclesiastical  authority  induced  them  to  adopt  the  Solemn  vows 
and  the  papal  Cloister  during  the  pontificate  of  Gregory  XIII  in 
1572.  The  Soeurs  de  la  Misericorde  de  Jesu,  as  mentioned  above, 
had  struggled  against  the  tide  of  ecclesiastical  opposition  and 
prohibition  for  centuries,  but  achieved  papal  approval  as  a  Con- 
gregation in  l(i37.  But  in  spite  of  this  recognition  they,  too, 
were  destined  to  yield  to  the  importunities  of  authority  and 
adopt  the  stricter  mode  of  life.  Wherefore  they  were  raised  to 
the  rank  of  a  regular  Order  in  KiGS." 

New  Institutes  arose  in  various  parts  of  the  Christian  world 
which  ever  and  anon  sought  the  approval  of  the  Holy  See.  The 
Society  of  "Notre  Dame,"  the  first  teaching  Community  of 
women  approved  by  the  Holy  See,  was  founded  in  100(5.  Though 
they  received  pontifical  recognition  as  a  Congregation  in  the 
following  year,  they,  apparently,  like  the  Soeurs  de  la  Miseri- 
corde de  Jesu,  were  hampered  in  many  ways  on  account  of  their 
unfavorable  ecclesiastical  status.  At  any  rate,  in  1(508,  we  find 
them  affiliating  themselves  to  the  strict  Order  of  Benedictines.-^^ 

Prominent  in  the  history  of  the  seventeenth  century  stands  the 
Order  of  the  Visitation  founded  by  St.  Francis  de  Sales  and 
St.  Jane  de  Chantal.  The  amiable  disposition  of  St.  Francis 
sought  to  introduce  into  Religious  life  a  spirit  of  greater  gentility 
and  attractiveness.  He  aimed  to  "secure  the  benefits  of  Religious 
life  for  persons  who  had  neither  the  physical  strength  nor  the 
attraction  for  corporal  austerities  at  the  time  general  in  the  Re- 
ligious   Orders."     Consequently    it   was   their   wish   to    found   a 


"  H.  Hohn,  "Vocations." 

-Ibidem;  Elinor  Dehey.  "Religious  Orders  of  Women." 

-■''  Hohn,  Ibidem. 


IN     THEIR     EXTERNAL     RELATIONS  27 

Congregation  without  the  external  vows  or  the  obhgation  of  the 
strict  Cloister.  But  in  spite  of  their  laudable  purpose  they  were 
compelled  to  yield  to  the  persuasions  of  ecclesiastical  authority. 
The  rule  of  St.  Augustine,  together  with  the  Cloister  prescribed 
by  Trent  and  Pius  V,  were  imposed  upon  them  in  1615. 

In  the  following  centuries  but  few  new  Orders  arose.  Accord- 
ing to  Dr.  Hohn,  however,  the  Sisters  of  St.  Joseph  (1G50), 
the  Sisters  of  the  Blessed  Sacrament  (1639)  and  the  Nuns  of 
the  Presentation  must  be  mentioned.  The  Sisters  of  the  Blessed 
Sacrament  existed  for  about  thirty  years  as  a  Congregation  of 
Simple  vows,  but  in  ]()69  were  raised  to  an  Order  with  Solemn 
vows  and  papal  Cloister.  Similar  was  the  development  of  the 
Nuns  of  the  Presentation.  Founded  in  177T  as  a  mere  Congre- 
gation, Pius  VII  elevated  them  in  1805  to  the  rank  of  an  Order.-* 
Apparently  this  closed  the  period  of  new  Orders  of  women. 

These  new  Orders,  however,  were  not  the  only  Institutes  of 
that  time.  The  spirit  of  St.  Francis  de  Sales  commenced  to 
permeate  other  saintly  men  and  women.  The  conviction  grew 
that  the  Master's  counsels  could  be  lived  in  Institutes  of  less 
severity  than  the  rigid  Orders.  This  would  open  the  door  to 
many  chosen  souls  who  were,  for  one  reason  or  another,  now 
barred  from  embracing  the  Religious  life.  Bishops  in  general 
did  not  check  it.  True,  they  realized  that  such  Institutes  would 
require  careful  guidance  and  strict  supervision,  but  was  this  not 
their  duty  in  regard  to  the  entire  flock  entrusted  to  them  ?  Hence 
Diocesan  Institutes  of  Simple  vows  were  multiplied,  which, 
when  their  field  of  labor  extended  beyond  the  diocesan  border, 
sought  the  protection  and  the  approval  of  the  Holy  See. 

Among  these  the  sixteenth  and  seventeenth  centuries  produced 
the  following:-''  the  Sisters  of  St.  Catharine  (1571),  the  Anglican 
Sisters,  famous  in  the  Constitutions  of  Clement  XI  and  Benedict 
XIV,  the  Company  of  St.   Ursula   (1606),  the  Sisters  of  Our 


Ibid. 

Ibidem  et  Bizzarri,   "Analectanea"  et  Battandier,  "Guide  Canonique." 


28  RELIGIOUS      CONGREGATIONS 

Lady  of  Calvary  (1614),  the  Institute  of  Mary  (1636),  the 
Sisters  of  Martha  (1634),  the  Sisters  of  St.  Charles  Borromeo 
(1651),  the  Soeurs  de  la  Croix  (1625),  the  Daughters  of  Calvary 
(1619),  the  Institute  of  Our  Lady  of  Charity  and  Refuge  (1641), 
the  Daughters  of  the  Immaculate  Conception  (1680),  the  Notre 
Dames  of  Montreal  (1657),  the  Sisters  of  the  Holy  Child  Jesus 
(16G6),  the  Visitation  Sisters  of  Ghent  (1660),  and  the  Sisters 
of  Charity  (1631).  All  but  two  of  these  received  a  certain  recog- 
nition from  the  Holy  See  within  the  seventeenth  century.  Fer- 
rari and  Vermeersch,  however,  insist  that  the  first  formal  appro- 
bation of  Constitutions  of  Religious  Congregations  of  Simple 
vovvs  given  by  the  Holy  See,  was  that  of  Clement  XI  in  the  Brief, 
"InscrutabiH"  (July  13,  1703),  to  the  Constitutions  of  Anglican 
Sisters  (Vermeersch,  De  Rel.  Inst,  et  Pers.,  vol.  I,  p.  45).  Prob- 
ably the  greatest  difficulty  was  experienced  by  the  Institute  of 
St.  Vincent  de  Paul.  The  Holy  See  was  most  insistent  on  mak- 
ing this  Institute  a  strict  Order  and  for  many  years  refused  to 
stamp  it  with  ecclesiastical  approval.  St.  Vincent,  however, 
persevered  in  his  efforts  and  finally  his  arguments  prevailed  with 
the  Holy  See.  Time  has  proved  the  wisdom  of  his  counsels, 
for  the  Sisters  of  Charity  today  outnumber  any  single  Religious 
Order  or  Community  within  the  Church.  No  less  than  seventy- 
five  thousand  heroic  women,  true  to  the  principles  and  spirit  of 
St.  Vincent  de  Paul,  devote  their  lives  to  the  assistance  of  the 
poor  and  afflicted  in  almost  every  corner  of  the  world. 

The  eighteenth  century  added  about  nine  approved  Institutes 
to  the  catalogue  of  Religious  Congregations  of  women.  But  in 
the  nineteenth  century-  they  multiply  even  more  rapidly.  Dr. 
H.  Hohn  in  his  work  "Vocations"  enumerates  at  least  one  hundred 
and  fifty. 

In  all  these  Institutes  the  distinctive  feature  differentiating  them 
from  the  strict  Orders,  is  the  change  from  the  Solemn  to  the 
Simple  vows  and  in  many  cases  the  absence  of  the  Cloister. 
Vows,  however,  remained.  They  formed  their  very  essence  and 
generally  their  number  was  three  or  more.  But  in  the  seventeenth 
century  we  find  an  instance  of  a  Society  of  Religious  with  only 


IN     THEIR     EXTERNAL     RELATIONS  29 

one  vow,  viz.,  that  of  stability.  This  Institute  was  that  of  the 
Daughters  of  Calvary  founded  in  1619.  In  the  following  century 
the  Holy  See  even  approved  the  Sisters  of  Christian  Retreat 
(1787)  who  made  no  vows — surely  a  mode  of  procedure  hardly 
explainable  when  viewed  in  the  light  of  fonner  legislation. 

Here  it  must  be  noticed  that  Rome's  approval  of  Religious 
Congregations  for  women  was  for  many  centuries  only  a  qualified 
one.  John  XXII,  as  seen  above,  permitted  certain  Institutes  to 
exist  under  Episcopal  jurisdiction,  but  expressly  added  that  he 
nowise  meant  to  approve  their  Institutes.  This  attitude  of 
the  Holy  See  continued  throughout  many  centuries.  In  the 
famous  Constitution,  "Quamvis  justo,"  Benedict  XIV  repeats 
the  position  of  the  Holy  See  in  the  following  words:  "Earum 
conservatoria  tolerari  quidem  ab  hac  apostolica  Sede,  sed  Insti- 
tutum  ipsum  nee  approbatum  nee  confirmatum  est  (esse)  ;  ob- 
sistentibus  Sacris  Canonibus  et  generali  Constitutione  Sancti  Pii 
V,  ne  religiosae  mulierum  Domus  Apostolica  contirmatione  stabi- 
liantur,  quae  se  perfectae  clausurae  legibus  non  obstrinxerint." 
In  181G  the  Sisters  of  Charity  of  Jesus  and  Mary  petitioned  the 
Holy  See  to  approve  their  Rules  and  Solemn  profession.  This 
would  have  been  equivalent  to  an  approval  of  the  Institute. 
Hence  the  Holy  See  still  refused  such  a  request  and  simply  an- 
swered that  the  Rules  "Plane  commendandae  .  .  .  et  lauda- 
bili  fini  plurimum.accomodatae"  (Sept.  24,  1816). 

Roman  approval  of  an  Institute's  Constitutions  up  to  the  19th 
century  invariably  added  the  explicit  words :  "Citra  tanien  appro- 
bationem  conservatorii."  But  in  the  beginning  of  the  ninteenth 
century  the  traditional  phrase  began  to  be  omitted,  though  no 
formal  approval  was  yet'  given.  The  first  formal  approval  of 
an  Institute  does  not  appear  before  1821.  According  to  Biz- 
zarri  this  was  bestowed  upon  the  Institute  of  the  Daughters  of 
the  Blessed  Virgin  Mary  (Collectanea,  p.  861). 

Furthermore  Roman  approval  has  more  and  more  eliminated 
the  multiplication  of  independent  Religious  houses,  and  placed 
a  general  and  supreme  power  in  a  Superior  General.  In  the 
Constitution  "Quamvis  justo,"  which  opens  the  new  era  for  Re- 


30  RELIGIOUS      CONGREGATIONS 

ligious  Congregations,  Benedict  XIV  expressly  emphasizes  that 
he  is  not  speaking  of  Institutes  under  a  general  direction  (of 
which  he  mentions  but  four  as  existing  at  his  time)  but  of  dio- 
cesan Societies :  "Nee  agitur  de  tali  superiorissa  generali,  quae 
amplam  quandam  jurisdictionam  in  subditas  exercere,  ipsaque 
ab  ordinaria  Episcopi  auctoritate  exempta  esse  debeat."  What 
is  here  referred  to  as  an  exception,  has  become  in  the  last  century 
a  fairly  general  rule  and  the  former  rule  a  very  rare  exception. 
New  Religious  Congregations  are  placed  under  the  immediate 
care  and  direction  of  the  Holy  See  to  increase  efficiency  and  to 
provide  better  government.  Therefore  general  laws  are  laid 
down  to  facilitate  Roman  recognition.  Therefore,  too,  the  time- 
worn  phrase  "citra  tamen  approbationem  conservatorii"  has  dis- 
appeared and  independent  houses  of  Religious  are  diminished 
more  and  more.  Leo  XIII  exerted  the  greatest  influence  in  this 
direction.  From  particular  and  tried  precepts  he  has  formed 
general  laws.  His  successor,  Pius  X,  has  added  to  this  general 
legislation  so  that  almost  every  phase  of  Religious  life,  at  least 
the  external  relations,  has  been  generalized  and  harmonized  as 
will  appear  more  explicitly  as  these  pages  increase. 

What  percentage  of  the  actually  existing  Religious  bodies  is 
thus  minutely  ruled  and  directed  by  the  Holy  See,  is  difficult  to 
say.  The  number,  status  and  personnel  of  all  the  Diocesan  Insti- 
tutes within  the  twelve  hundred  Dioceses  of  the  Catholic  world, 
is  yet  unwritten  history. =«  But  one  can  hazard  a  comparison 
when  considering  the  many  Institutes  and  their  inmates  within 
our  country. 

The  first  Religious  Community  of  women  in  what  is  now  the 
United  States  seems  to  have  come  from  France.  The  Governor 
of  New  Orleans  urged  the  Ursuline  Nuns  of  Rouen  in  1726  to 
accept  the  appeal  of  the  American  French  to  institute  a  Mon- 
astery in  the  New  World.  According  to  the  authoress  of  "The 
Religious   Orders   in  the  United   States,"   these   Ursuline   Nuns 


-'^  "Annuario  Pontificio,"  1915. 


IN     THEIR     EXTERNAL     RELATIONS  31 

were  the  pioneers  of  the  virginal  soil  in  the  United  States.  They 
opened  the  first  educational  institution  for  young  women,  the  first 
orphanage  and  the  first  hospital  in  the  United  States  in  that 
same  year.  In  the  Colonies  of  the  Eastern  shores,  several  young 
maidens  had  crossed  the  Ocean  and  joined  the  exiled  English 
Carmelites  at  Antwerp.  With  the  declaration  of  religious  free- 
dom in  our  country,  the  Rev.  Ig.  Mathews  of  Washington  wrote 
to  the  Mother  Bernardina  of  the  Carmelites  of  Antwerp  (his 
sister)  :  "Now  is  the  time  to  found  in  this  country,  for  peace  is 
declared  and  religion  is  free."  The  result  was  the  establishing 
of  a  Carmelite  Community  near  Port  Tobacco,  Md.,  1790.  Two 
years  later  some  Poor  Clares  were  driven  from  France  and 
sought  a  home  on  our  shores.  They  founded  a  convent  at 
Georgetown,  but  for  some  reason  or  other  their  venture  proved 
a  failure  and  the  good  Nuns  were  recalled  to  their  European  home 
in  1800."  However,  the  abandoned  convent  became  the  home 
of  the  first  American  Religious  Congregation.  A  certain  Miss 
Labor,  of  Philadelphia,  under  the  guidance  of  Father  Neale, 
later  Bishop  Neale,  was  its  foundress.  With  the  advice  of 
Father  Neale  the  young  Community  of  teachers  chose  the  Visi- 
tation Rule  of  St.  Francis  de  Sales.  Bishop  Carroll  in  1808  ad- 
vised Bishop  Neale  to  prescribe  the  Simple  vows  for  the  new 
Congregation.  Yielding  to  the  wishes  of  Bishop  Carroll,  the 
Sisters  took  their  first  Simple  vows.  But  it  was  the  desire  of 
Bishop  Neale  to  introduce  the  entire  regime  of  the  Visitations. 
Consequently  he  obtained  from  the  Holy  See  in  ISIG  the  privi- 
lege of  changing  the  Community  into  the  Order  of  the  Visitation 
with  Solemn  vows  and  Cloister.  The  new  foundations  of  the 
Visitations  Nuns  in  Mobile,  St.  Louis  and  Kaskaskia  likewise 
inherited  the  privileges  of  their  Mother  house. -^  But  outside  of 
these  the  strict  Orders  of  women  have  never  been  permitted  to 
perpetuate  their  Institutes  with  Solemn  vows  in  the  United  States. 


"  E.  T.  Dehey,  o.  c. ;  H.  Hohn,  o.  c. 

=*E.  T.  Dehey,  o.  c. ;  C.  of  Baltimore  II,  1866;  Sabetti-Barrett,  Theol. 
Mar.  p.  417. 


32  RELIGIOUS      CONGREGATIONS 

With  the  founding  of  the  Sisters  of  Charity  by  Mother  Seton 
in  1809  at  Emmittsburg,  Md.,  and  the  Sisters  of  Loretto  by 
Father  Nernickx,  in  1812  at  Harden's  Creeks,  Ky.,  that  flourish- 
ing ReUgious  hfe  of  the  Church  in  the  United  States  began.-» 
Its  growth  has  developed  so  wonderfully  that  today  more  than 
one  hundred  and  fifty  Religious  Communities  with  a  total  mem- 
bership of  more  than  seventy  thousand  Sisters — besides  the 
many  novices  and  postulants — devote  all  their  eiiforts  to  the  fur- 
therance of  Catholic  life  and  progress  in  every  part  of  the 
country.^"  The  Church  as  a  kind  Mother  appreciates  their  work 
and  in  the  person  of  the  Sovereign  Pontiff  praises  them  and  bids 
them  prosper:  'Trofecto  sodalitatum  istiusmodi  tam  bene  de 
Ecclesia  deque  ipsa  civili  societate  merentium,  sperandum  est, 
numquam  def  uturam  copiam :  hodieque  libet  agnoscere,  usque 
adeo  eos  increbuisse,  ut  nullum  videatur  esse  ministrandae  cari- 
tatis  christianae  genus,  quod  illae  reliquum  f  ecerint."  ^^ 


E.  T.  Dehey,  o.  c. 
'  Catholic  Directory  for  1915. 
Motu  proprio :   "Dei  providentis,"  July  16,   1906. 


IN     THEIR     EXTERNAL     RELATIONS  33 


CHAPTER  in. 


The  Founding  and  Approval  of  Religious  Congregations. 


The  law  of  Innocent  III,  laid  down  in  the  Lateran  Council, 
has  never  been  abrogated  and  therefore  constitutes  the  norm 
of  present  ecclesiastical  discipline:  "Firmiter  prohibemus  nequis 
de  caetero  novam  Religionem  inveniat."  ^  The  same  was  repeated 
by  Gregory  X  in  the  Council  of  Lyons  :  "Ne  aliquis  de  caetero 
novam  Ordinem  aut  Religionem  adinveniat."  -  The  founding, 
consequently,  of  a  new  Order  with  Solemn  vows  certainly  re- 
quires the  explicit  consent  of  the  Holy  See.  The  greater  number 
of  Canonists  interpret  these  canons  as  extending  also  to  Religious 
Congregations."  But.  notwithstanding  the  prohibition,  new  In- 
stitutes arose  even  under  the  tutelage  and  the  approbation  of 
Bishops.  Upon  this  custom  the  Holy  See  looked  silently  for 
many  centuries,  thus  permitting  it  to  grow  into  a  definite  law 
which  Leo  XIII  formally  acknowledges  in  the  Const.  "Conditae 
a  Christo."  He  says :  "Some  Congregations  have  obtained  the 
approval  of  Bishops  .  .  .  and  others  have  besides  this  a 
decree  of  the  Roman  Pontiff  issued  in  their  favor ;  the  former 
have  been  established  and  exist  by  the  sole  will  of  the  Bishop 
It  is  therefore  the  Bishop's  privilege  not  to  receive  into 
his  diocese  any  newly  founded  Congregation  before  he  knows 
and  has  approved  its  rules  and  constitutions." 

In  1906  Pius  X  qualified  the  rights  of  Bishops  in  regard  to 
founding  or  permitting  the  foundation  of  a  new  Institute."*     In 


'  C.  9,  tit.  36,  X,  lib.  III. 

'C.  3,  tit.  XVII,  lib.  III.  in  6°. 

"  Sebastianelli,  De  Personis,  p.  358;  Suarez,  de  Relig.  T.  Ill,  1. 

*  Motu  proprio,  "Dei  providentis,"  July  16,  1906. 


34  RRI,IC.I0US      CONGREGATIONS 

the  first  article  of  the  "Motii  proprio,"  he  lays  down  the  principle: 
"Nullus  Episcopus  aut  cuius  loci  Ordinarius,  nisi  habita  Apos- 
tolicae  Sedis  per  litteras  licentia.  novam  alterutrius  sexus  sodali- 
tatem  condat  aut  in  sua  dioecesi  condi  permittat."  Bishops, 
Abbots  Nullius,  Vicars  Apostolic  and  Prefects  Apostolic  are  there- 
fore denied  exercise  of  their  right  of  founding  a  new  Religious 
Institute  without  the  consent  of  the  Holy  See. 

No  doubt  exists  in  the  minds  of  Canonists  that  by  the  terms, 
"Sodality,"  "Family,"  and  "Religious  Institutes,"  the  decree  em- 
braces all  Religious  Organizations  that  lead  a  life  after  the  man- 
ner of  Religious.  Whether  or  not  the  vows,  oath,  or  mere  prom- 
ise form  the  bond  of  union  and  perseverance,  matters  nothing 
in  the  present  legislation.  The  Holy  See  simply  prescribes  that, 
in  the  foundation  of  every  Religious  Institute,  she  must  be  con- 
sulted through  the  proper  Congregation. 

The  Roman  Congregation  competent,  according  to  the  deer. 
""Dei  providentis,"  to  receive  and  deliberate  upon  the  application 
of  the  Bishop,  was  the  S.  Congr.  EE  et  RR.  But  with  the  re- 
organization of  the  Roman  Curia  in  1908,  this  Congregation  has 
been  abolished  and  its  work  divided  among  several  Congregations. 
Under  the  present  arrangement  the  S.  Congr.  de  Religiosis  dis- 
charges the  affairs  of  Religious  and  therefore  ordinarily  examines 
and  approves  the  application  for  new  Institutes.-'*  The  modifica- 
tions and  exceptions  to  this  general  law  will  be  treated  later,  when 
we  speak  of  pontifical  approval. 

What  the  Congregation  wishes  to  examine  (and  therefore  also 
demands  the  corresponding  information  in  the  application)  is 
especially  the  name,  the  character  and  purpose  of  the  proposed  In- 
stitute and  of  its  founder.  Then,  in  regard  to  the  members  of 
the  prospective  society,  the  habit  for  the  Novices  and  the  Pro- 
fessed respectively  must  be  specified.  Finally,  the  principles  and 
rules  which  form  the  basis  for  this  approbation  must  be  drawn 
from  the  Const.  "Conditae  a  Christo,"  and  the  "Normae"  of 
1901. 


Const.  "Sapienti  consilio,"  June  28,  1908. 


IN     THEIR     EXTERNAL     RELATIONS  35 

The  deer.  "Dei  providentis"  admonishes  Bishops  to  keep  these 
same  prescriptions  in  mind,  when  they  approve  the  rules  and  con- 
stitutions of  new  Institutes.  This  admonition  hardly  means  that 
the  "Normae"  must  form  the  sole  rule  for  every  Community, 
because  the  purpose  and  scope  of  an  Institute  may  not  permit 
this.  Then,  too,  posterior  legislation  has  frequently  laid  down 
general  laws  in  contradiction  to  them.  But  it  seems  that  the 
Holy  See  intends  that  the  statutes  of  future  Congregations  shall 
harmonize  with  the  "Normae"  wherever  possible. 

It  is  self-evident  that  neither  the  Ordinary  nor  the  Institute 
itself  may  change  anything  that  the  Holy  See  has  passed  upon. 
For  such  a  change  requires  the  consent  of  the  Holy  See.**  How- 
ever, this  quasi-approbation  does  not  withdraw  the  Institute 
from  the  jurisdiction  of  the  Bishop.  It  remains  entirely  subject 
to  the  Bishop  in  accordance  with  the  principles  of  the  "Conditae 
a  Christo,"  except  only  in  matters  already  determined  by  the 
Holy  See. 

What  then  is  pontifical  approbation  proper?  According  to 
Leo  XIII,  it  is  the  favorable  recognition  and  approval  of  the 
rules  and  constitutions  of  an  Institute  by  the  Holy  See."  The 
approbation  of  only  the  Institute,  exclusive  of  the  rules  and  con- 
stitution, constitutes  a  truly  papal  approval,  but  an  imperfect 
one.  In  virtue  of  this  action  of  the  Holy  See,  "it  is  necessary 
that  the  Bishop's  authority  should  be  regulated  and  restricted 
within  certain  limits.  What  these  limits  should  be  may  be  gath- 
ered from  the  manner  in  which  the  Holy  See  approves  similar 
associations,  and  which  consists  in  approving  a  Congregation  as 
a  Religious  Society  with  Simple  vows  under  the  authority  of  a 
Superior  General,  without  prejudice  to  the  jurisdiction  of  the 
Ordinaries,  according  to  the  sacred  canons  and  the  Apostolic 
Constitutions."  ^     The  Const,  of  Leo  XIII  calls  this  intervention 


'  Deer.  "Dei  providentis,"  July  16,  1906. 
'Const.  "Conditae  a  Christo." 
"Ibid. 


36  lUeLIGIOUS      CONGREGATIONS 

of  the  Holy  See  "comprobatio,"  as  it  were,  acknowledging  the 
approbation  of  the  Bishop. 

It  is  well  here  to  draw  attention  to  some  necessary  distinctions. 
We  saw  above  that  the  Holy  See  has  approved  and  adopted  four 
"Rules,"  and  forbidden  the  introduction  of  new  ones,  at  least  for 
Orders.  Now,  many  Congregations  have  chosen  one  of  these 
"Regulae"  for  their  norm  of  life.  This  chosen  and  approved 
Rule  must  not  be  confounded  with  the  approval  spoken  of  by 
Leo  Xni.  The  HI  Plenary  Council  of  Baltimore  declares  that 
the  adoption  of  an  approved  Rule  does  not  withdraw  an  Institute 
from  the  jurisdiction  of  the  Ordinary:  "Instituta  dioecesana 
.  .  .  licet  Regulam  a  S.  Sede  approbatam  sequantur,  depend- 
ent ab  Ordinario."  ^  The  same  must  be  said  of  Institutes  which 
adopt  the  "Normae"  of  1901  for  their  exclusive  rule.  Although 
the  Holy  See  has  framed  the  aforesaid  "Normae"  and  commanded 
that  they  should  be  the  models  for  future  Institutes,  yet  such 
adoption  does  not  constitute  an  approved  Congregation. 

Furthermore,  as  the  preliminary  examination  and  permission 
required  by  the  deer.  "Deo  providentis"  does  not  constitute  ap- 
proval in  the  sense  that  the  Institute  becomes  pontifical,  so  also 
Rome's  formal  praise  of  the  founder's  intention  or  of  the  Insti- 
tute's work,  cannot  be  understood  as  pontifical  approbation.  The 
"Normae"  (Art.  1)  say  such  an  Institute  "manet  in  statu  pri- 
vati  et  omnino  dioecesani  sodalicii."  Now,  the  process  of  ap- 
proval will  appear  clearer. 

The  practice  of  the  Roman  Curia  permits  of  four  stages  in  tlie 
process  of  approving  an  Institute.  The  decrees  expressing  the 
nature  and  extent  of  this  pontifical  approbation  are  termed  re- 
spectively "Decretum  latidis,"  "Decretum  approbationis  instituti," 
"Decretum  approbationis  constitutionum  ad  experimentum"  and 
finally  "Decretum  approbationis  definitivae."  ^^  The  significance 
of  the  different  decrees  is  quite  evident.     The  "Decretum  laudis" 


III.  C.  Bait.  n.  93;  Sebastianelli.  1.  c,  p.  358. 
•  Normae,  Art.  2-4. 


IN     THEIR     EXTERNAL     RELATIONS  37 

embodies  a  general  praise  and  recommendation  of  the  Institute, 
and  places  it  under  the  direct  jurisdiction  of  the  Holy  See,  at 
least  for  the  time  being,  until  a  more  thorough  investigation  of 
the  Institute  and  its  Constitution  has  been  made."  This  transi- 
tory stage  is  terminated  by  the  "Decretum  approbationis  instituti.'' 
Frequently  the  two  pronouncements  are  combined  in  the  one 
decree  of  praise  and  approbation.^-  At  any  rate  its  import  is  to 
assign  a  definite  and  canonical  status  to  the  Institute  with  the 
authoritative  declaration  that  the  Institute  contains  nothing  contrary 
to  good  morals  or  propriety,  and  that,  per  se,  it  is  calculated  to 
lead  its  members  to  perfection.^' 

By  the  "Decretum  approbationis  constitutiomim  ad  experi- 
mentum,"  a  certain  number  of  years  are  prescribed  for  testing  the 
practicability  of  the  rules, — generally  from  five  to  ten.  After 
the  lapse  of  this  period,  and  when  due  corrections  have  been 
made,  the  "Decretum  approbationis  definitivae"  will  be  given." 
This  decree  renders  the  rules  "canon  law  and  a  public  and  sol- 
emnly recognized  way  of  perfection."  ^^  The  word  "law"  must 
here  be  taken  in  its  directive,  and  not  preceptive,  sense,  for  even 
after  this  approval  the  rules  do  not  "per  se"  bind  under  sin : 
"Ipsas  per  se  sub  nullo  culpae  reatu  obligare ;  non  tamen  excusare 
a  culpa  eum  qui  easdem  transgrederetur  ex  contemptu  vel  in  ma- 
teria contraria  votis  Dei  Ecclesiaeve  praeceptis."  ^^ 

Note  that  this  ordinary  procedure  is  not  always  followed. 
Some  times  the  Holy  See  omits  all  preliminaries  and  includes  in 
a  single  decree  the  various  approbations.*^ 


"  Ibid.,  Art.  2. 

"  Ibid.,  Art.  6. 

"  Suarez,  de  Rel.,  VII.  II.  XVII,  n.  17. 

""Normae,"  aa.  21,  22;  Vermeersch,  de  Rel.  Inst,  er  Pers.,  Vol.  II,  c. 

n.  13. 

"  Vermeersch,  Cath.  Encycl.  under  "Religious." 

'•  "Normae,"  Art.  320. 

''  Ibid.,  Art.  23 ;  Vermeersch,  o.  c,  Vol.  II,  c.  1. 


38  RELIGIOUS      CONGREGATIONS 

The  conditions  and  formalities  required  on  the  part  of  the 
applicant  for  obtaining  the  pontifical  approbation  are  not  clearly 
and  definitely  laid  down  in  the  Canon  law.  But  ordinarily  the 
Holy  See  will  readily  approve  an  Institute,  "positis  ponendis," 
the  activity  of  which  extends  to  two  or  more  dioceses.  For  in 
this  case  an  occasion  for  a  conflict  of  authority  arises  which  gen- 
erally hampers  effectiveness.  This  principle  is  certainly  deducible 
from  the  Const.  "Conditae  a  Christo."  Furthermore,  the  Latin- 
American  Council  (1899)  gives  the  same  reason  for  inducing  such 
Institutes  to  seek  pontifical  approbation. 

But  the  nearest  approach  to  positive  formalities,  are  the  norms 
laid  down  by  the  Holy  See  to  guide  the  ''Commission"  in  approv- 
ing new  Institutes  and  their  constitutions.^**  They  are,  there- 
fore, indirectly  imposed  upon  every  Institute  seeking  approbation. 

The  first  requisite  demanded  by  the  "Normae  peculiares" 
(March  4,  1914)  comprises  a  full  account  of  the  personal,  moral, 
and  economic  status  of  the  Institute.  No  specific  directions  are 
given.  Evidently  a  complete  answer  to  the  ninety-eight  questions 
of  the  "Instructio"  (July  16,  1906),  which  refers  to  the  tri- 
ennial account  of  the  Religious  Congregations  to  the  Holy  See, 
would  very  probably  meet  all  the  demands  of  the  S.  Congrega- 
tion. Since,  moreover.  Institutes  founded  after  1906  are  ex- 
pected to  be  conformable  to  the  "Normae"  of  1901,  the  Holy 
See  can  well  demand  a  report  on  the  actual  agreement  or  dis- 
agreement with  these  norms. 

Next  in  importance  are  the  testimonials  from  the  various 
Bishops  in  whose  dioceses  the  Institute  is  located.  The  Holy 
See  insists  on  those  for  the  reason  that  pontifical  sanction  entails 
a  diminution  of  episcopal  authority  and  jurisdiction.  Prudence, 
therefore,  requires  that  the  Ordinary's  viewpoint  and  report  be 
presented  and  considered. 

The  chief  work  of  the  Apostolic  See  is  necessarily  centered  on 
the  constitutions  of  the  Institute.     For  this  reason  the  Holy  See 


"Normae  peculiares,"  March  24,  1914. 


IN     THEIR     EXTERNAL     RELATIONS  30 

deems  it  necessary  that  ten  copies  of  the  same  accompany  the 
application  so  that  the  various  examiners  may  be  accommodated. 
It  goes  without  saying  that  this  work  involves  considerable  ex- 
pense. Hence  sufficient  funds  must  be  deposited  to  cover  the 
possible  outlay. 

In  case  the  information  forwarded  to  the  Holy  See  is  insuffi- 
cient, the  moderator  of  the  Community  must  supply  the  deficiency 
by  obeying  a  summons  to  appear  personally  before  the  board  of 
examiners. 

According  to  the  present  discipline  the  S.  Congr.  de  Religiosis 
possesses  the  right  and  duty  to  approve  New  Institutes  and 
their  Constitutions. ^'^  The  "Normae  peculiares"  supplementing 
the  Const.  "Sapienti  consilio"  say:  "Decretum  quo  laudatur  proba- 
turque  institutum  aliquod,  et  decretum  approbationis  constitu- 
tionum,  itemque  substantialis  mutatio  quaevis  in  iam  probatis 
institutis  inducenda,  ad  plenam  congregationem  semper  pertinent," 
/.  e.,  Congregationem  de  Religiosis.  This  was  modified  by  a  later 
decree  of  the  Holy  See  which  created  a  special  Commission  for 
the  sole  object  of  approving  Religious  Institutes  and  their  consti- 
tutions.^" 

The  personnel  of  this  Commission  is  composed  of  the  Cardinal 
Prefect  of  the  S.  Congregation  for  Religious  and  a  board  of  con- 
suitors  chosen  by  him  from  among  the  regular  consultors  of 
the  same  Congregation.  According  to  the  "Annuario  Pontificio" 
for  1915,  six  consultors  serve  on  this  Commission. 

Its  competency  is  defined  by  the  decree  as  embracing  "omnia 
quae  ad  novi  cuiuslibet  Instituti  votorum  simplicium,  euisdemque 
constitutionem  examen  et  approbationem  attinent,  nisi  speciali 
ex  causa,  vel  exortis  inter  commissionis  consultores  gravibus 
opinionum  discrepantiis,  Cardinalis  PVaefectus  opportunius  judi- 
caverit  ad  E'morum  Patrum  coetum  rem  deferre."  A  literal 
interpretation  does  not  show  this  faculty  to  be  coextensive  with 


'*  Const.  "Sapienti  consilio,"  June  28,  1908. 
*"  Deer.  "Peculiari  curae,"  March  24,  1914. 


40  RELIGIOUS      CONGREGATIONS 

the  powers  of  the  S.  Congr.  de  Religiosis  on  the  same  subject- 
matter  as  defined  in  the  "Normae  peculiares/'  c.  VIII,  a.  V,  n.  6,  of 
3!>08  (q.  V.  supra).  For  no  mention  is  made  of  the  "substantialis 
mutatio  quaevis  in  iam  probatis  institutis  inducenda."  Besides 
explicit  reference  is  made  only  to  "Instituta  Votorum  Simplicium." 
Apparently,  however,  the  purpose  of  the  law  embraces  also  In- 
stitutes without  vows,  as  well  as  deliberation  on  notable  changes 
proposed  on  constitutions  already  approved.  For  the  express 
intention  of  the  legislator  is  to  relieve  the  Congregation  of  this 
su))ject-matter  except  in  extraordinary  cases  of  disagreement 
when  the  affair  must  be  submitted  to  the  entire  Congregation. 
There  seems  little  doubt  that  when  such  cases  arise,  the  new 
Commission  will  have  little  difficulty  in  disposing  of  them. 

Here  another  doubt  suggests  itself  in  regard  to  the  quasi- 
approval  required  for  the  formation  of  diocesan  Institutes.  It 
seems  reasonable  to  infer  that  the  Commission  will  likewise  fall 
heir  to  this  duty.  For  it  would  be  rather  strange  if  the  entire 
Congregation  were  to  examine  and  direct  the  initiative  steps  of 
an  Institute,  but  afterwards  assign  the  complete  approval  to  the 
Commission. 

The  Commission,  in  the  entire  mode  of  procedure,  is  in  the 
hands  of  the  Cardinal  Prefect  of  the  Congregation.-^  He  ap- 
points the  Secretary  of  the  Commission,  and  directs  all  docu- 
ments and  testimonials  to  be  delivered  to  him.  He  designates 
one  of  the  consultors  to  make  a  thorough  study  of  the  documents 
and  the  constitutions.  The  result  of  his  investigation,  together 
with  a  printed  copy  of  the  constitutions,  are  transmitted  to  each 
of  the  associate  consultors.  These,  in  turn,  are  given  ten  days 
consideration.  Thereupon  the  entire  Commission  meets  to  dis- 
cuss in  detail  the  merits  and  demerits  of  the  Institute  and  its 
Constitution.  The  principals  to  guide  them  in  their  deliberation 
are  tliose  laid  down  in  Common  law.  Pontifical  Constitutions  and 
especially  the  "Normae"  of   1901.     Of  prime  importance,  how- 


■'  "Normae  peculiares  c' 


IN     THEIR    EXTERNAL     RELATIONS  41 

ever,  are  the  constitutions  "Conditae  a  Christo,"  "Dei  provi- 
dentis,"  "Sapienti  consilio,"  and  "Romanus  Pontifex."  After 
the  matter  has  been  thoroughly  considered,  each  consultor  is 
obliged  to  set  forth  his  opinion  in  the  general  assembly.  Should 
it  be  impossible  to  agree  in  essential  matters  the  case  is  to  be 
referred  to  the  entire  Congregation.  Finally,  the  result  is  com- 
municated to  the  Religious  Institute,  after  the  approval  of  the 
Holy  Father  has  been  granted. 

It  is  well  known  that  prior  to  the  Const.  "Sapienti  consilio," 
Religious  Institutes  whose  mother  house  was  situated  in  the 
territory  of  the  S.  Congr.  de  Prop.  Fide,  as  well  as  those  Insti- 
tutes whose  special  aim  was  the  mission-field  proper,  were  sub- 
ject to  the  S.  Congregation  for  the  Propagation  of  the  Faith. 
It  therefore  also  approved  new  Institutes  and  their  Constitutions. 
But  Avith  the  Introduction  of  the  new  discipline  this  Congregation's 
competency  with  regard  to  Religious  was  limited  even  within  its 
own  territory :  "Quod  vero  spectat  ad  sodales  religiosos,  eadem 
Congregatio  sibi  vindicet  quidquid  religiosos  qua  missionaries, 
sive  uti  singulos,  sive  simul  sumptos  tangit.  Quidquid  vero  re- 
ligiosos qua  tales,  sive  uti  singulos.  sive  simul  sumptos  attingit, 
ad  Congregationem  religiosorum  negotiis  praepositam  remittat 
aut  relinquat."  —  From  this  it  seems  that  the  approval  of  Re- 
ligious Institutes,  other  than  purely  missionary  Communities  and 
those  of  the  Oriental  Rite,  is  no  longer  proper  to  the  S.  Congr. 
de  Prop.  Fide.  These  two  exceptions  are  verified  by  the  S. 
Congr.  de  Prop.  Fide  approving  the  Constitutions  of  the  Ar- 
menian Mechitharists  in  1909,  and  the  Missonary  Society  of 
MaryknoU  in  the  United  States  in  1915.-^ 

In  concluding  this  chapter  it  may  be  expedient  to  refer  briefly 
to  Institutes  whose  status  is  doubtful.     The  Const.  "Conditae  a 


■*  "Sapienti  consilio,"  P.  I,  c.  9,  art.  0;  cfr.  Ojetti,  o.  c,  p.  100;  Capello, 
o.  c.  p.  230. 

'"  Deer.  S.  C.  de  Prop.  Fide,  Aug.  6,  1909,  and  the  "Deer,  laudis  et  appro- 
bationis,"  July  ir>,  1915. 


42  RELIGIOUS      CONGREGATIONS 

Christo"  makes  no  infringement  on  existing  customs  and  privi- 
leges :  "Nihil  i)enitus  derogari  volumus  de  tacultatibus  vel  privi- 
legiis  .  .  .  immemorabli  aut  seculari  consuetudine  confirma- 
tis."  If,  therefore,  an  Institute  possesses  no  positive  proof  of 
pontifical  approbation,  it  must  be  considered  a  diocesan  Institute, 
for  the  Bishop's  ordinary  rights  cede  only  to  positive  proof  to 
the  contrary.  Again,  what  of  approved  Institutes  over  which 
the  Bishop  has  exercised  full  jurisdiction  since  the  Const.  "Con- 
ditae  a  Christo"?  It  is  a  principle  of  Canon  law  that  jurisdiction 
can  be  acquired  by  custom ;  and  probably  ten  years  suffice  for 
this.  If,  therefore,  a  Bishop  has  exercised  jurisdiction  over  an 
approved  Institute  for  ten  years,  it  follows  that  notwithstanding 
the  "Decretum  laudis  et  approbationis,"  the  Institute  is  truly  dio- 
cesan.^* 


Vermeersch.  Periodica,  Vol.  VIII,  p.    (28). 


IN     THEIR    EXTERNAL     RELATIONS  43 

CHAPTER  IV. 
Entrance  Into  a  Religious  Congregation. 


Entrance  into  a  Religious  Congregation  is  the  admission  of  a 
candidate  in  due  form  by  competent  authority.  This  may  also 
be  called  external  vocation  to  the  Religious  state.  No  one  has 
a  strict  right  to  be  admitted  into  a  Religious  Society,  no  matter 
how  holy  his  intention  or  how  urgent  his  desires.  Pius 
X  has  sanctioned  this  truth  in  regard  to  the  sacerdotal  state: 
"Neminem  habere  unquam  ius  uUum  ad  ordinationem  antecedenter 
ad  liberam  electionem  Episcopi."  ^  What  is  here  affirmed  of 
the  ecclesiastical  state  holds  also  for  the  Religious  state.-  Su- 
periors, consequently,  violate  no  principle  of  justice  by  refusing 
admittance  to  any  candidate.  But  may  this  not  be  an  infringe- 
ment on  the  right  of  a  divine  vocation?  Vermeersch  says,  in 
commenting  on  the  decision  of  the  Roman  commission  in  regard 
to  vocations:  "Ipsis  (superioribus)  integrum  est  ex  utilitate 
Instituti  .  .  .  de  admissione  sententiam  ferre  quae 
nullum  ius  violat,  et  quae  vocationem  perficit  quatenus  sola  eftecit 
ut  qui.squam  re  vera  sit  .  .  .  religiosus.  Et  fit  ut  quis  sancte 
moveatur  ad  statum  petendum  .  .  .  religiosum,  qui  tamen 
iuste  repellatur.  Deus  ipse  interdum  desideria  inspirat  quae  opere 
compleri  non  permittit.  Quare  theologi  voluntatem  signi  a  vol- 
untate  heneplaciti  dwini  distinguunt."  ^ 

Anyone,  however,  who  is  not  hindered  by  an  ecclesiastical  im- 
pediment may  be  admitted  to  Religious  life.  On  the  part  of  the 
postulant,  no  more  than  a  good  intention  and  a  firm  resolution  of 


'  Litterae  ex  Secretaria  Status,  July  2,  1912. 
"Vermeersch,  Periodica,  vol.  VI,  p.  362,  sq. 
'  Ibid.,  p.  264. 


44  RErjGIOUS      CONGREGATIONS 

serving  God  in  that  state  together  with  the  necessary  moral,  mental 
and  physical  qualities,  is  required.     This  is  clearly  stated  by  the 
decision  of  the  same  Roman  Commission :  "Nihil  plus  in  ordi- 
nando,  ut  rite  vocetur  ab  Episcopo,  requiri  quam  rectam  inten- 
tionem  simul  cum  idoneitate  in  iis  gratiae  et  naturae  dotibus  re- 
posita,  et  per  eam  vitae  probitatem   ac   doctrinae   sufficientiam 
comprobata,  quae  spem  fundatam  faciant  fore  et  sacerdotii  munera 
recte  obire  eiusdemque  obligationes   sancte   servare   queat ;  esse 
egregie  laudandum."     Certainly   no  more   is  demanded   for  the 
Religious    state.     Fr.    Vermeersch    says     of     these     conditions: 
"Haec   qui    habeat   ingressum     ...     in    religionem    postulare 
potest,  immo  et  eo  laudabilius  postulabit  quo  in  dicto  statu  con- 
silia   Christi   magis   presse   sequatur."  ^     Aside,   therefore,   from 
God's  grace  which  begins,  accompanies  and  perfects  every  good 
act,  internal  vocation  proper  is  more  the  "result  of  deliberation 
according  to  the  principles  of  reason  and  faith"  than  the  effect 
of  individual  aspiration  or  the  internal  movements  of  the  Holy 
Ghost.    In  extraordinary  cases,  however,  "supernatural  light  may 
be  so  abundantly  shed  upon  the  soul  as  to  render  deliberation 
unnecessary."     As  to  the   Priesthood  the  contrary   is  expressly 
denied  by  the  Holy  See :  "Conditionem  quae  ex  parte  Ordinandi 
debet  attendi,  quaeque  Vocatio  Sacerdotalis  appellatur,  nequaquam 
consistere,   saltem   necessario   et   de   lege    ordinaria,    in    interna 
quadam  aspiratione  subiecti  sen  invitamentis  Spiritus  Sancti,  ad 
sacerdotium  ineundum."  ^ 

The  mental,  physical  and  moral  qualities,  or  as  the  above  men- 
tioned IvCtter  expresses  it,  the  "idoneitas  in  iis  gratiae  et  naturae 
dotibus  reposita,  et  per  eam  vitae  probitatem  ac  doctrinae  suffi- 
cientiam comprobata,"  are  provided  for  by  natural  and  ecclesiasti- 
cal law  in  the  form  of  impediments  which  render  the  Religious 
profession  invalid  or  illicit  respectively. 


*  Ibid. 

'  Lit.  cit..  supra. 


IN     THEIR    EXTERNAL     RELATIONS  45 

Formerly  the  Religious  profession  in  an  Institute  other  than 
the  approved  Orders  was  both  illicit  and  invalid  in  virtue  of 
ecclesiastical  law.®  But  this  prohibition  has  long  since  passed  into 
desuetude  as  was  seen  in  the  last  chapter.  It,  therefore,  need  no 
longer  be  reckoned  with  as  an  impediment.  All  Religious  Insti- 
tutes approved  by  Bishop  or  by  Pope  are  "per  se"  open  to  the 
aspirant  to  the  Religious  life. 

The  perfect  use  of  reason,  however,  is  so  essential  for  the 
Religious  profession  that  its  absence  constitutes  a  natural  im- 
pediment which  in  no  wise  can  be  dispensed  with.  It  matters 
little  whether  its  cause  be  immaturity  or  a  physical  defect.  The 
weighty  obligations  assumed  in  Religion  require  full  deliberation, 
the  lack  of  which,  by  the  natural  law,  bars  a  person  from  becom- 
ing a  Religious.  It  is  hardly  necessary  to  refer  to  the  antiquated 
custom  of  parents  offering  children  to  Religion  in  fulfillment  of 
a  vow.  These  "Oblates"  never  became  Religious  except  by  their 
own  free  act  upon  attaining  the  use  of  reason.  This  ancient  cus- 
tom has  no  practical  value  today,  since  it  is  merely  a  question  of 
history  and  opposed  to  all  ecclesiastical  practice  and  legislation.' 

On  the  contrary  the  Church  requires  in  the  candidate  for  Re- 
ligion an  age  and  a  development  which,  under  normal  circum- 
stances, insure  not  only  full  use  of  reason,  but  also  stability  of 
character.  The  Council  of  Trent  demands  that  the  Solemn  pro- 
fession of  Religion  be  not  made  before  the  completion  of  the 
sixteenth  year  (Sess.  XXV,  c.  16).  Pius  X  forbids  lay 
Brothers  to  make  the  perpetual  profession  before  their  thirtieth 
year  ("Sacrosancta,"  Jan.  T,  1911).  Truly,  neither  of  these 
laws  directly  include  Congregations.  But  they  are  at  least  di- 
rective for  all  Religious  Institutes  (Wernz,  o.  c.  vol.  Ill,  n.  628 
and  in  note  322).  Moreover,  in  the  absence  of  a  general  law 
for  Religious  Institutes  in  this  matter,  the  Holy  See  is  accus- 
tomed to  insert  the  law  of  Regulars  in  the  special  indults  of  ap- 


Supra.  c.  II,  pp.  i7,  i8. 

Wernz,  "Jus  Decretalium,"  vol.  Ill,  n.  628  and  in  note   (188). 


4:6  RELIGIOUS      CONGREGATIONS 

proval  (Wernz,  o.  c. ;  Battandier,  o.  c.  n.  57).  In  Institutes  of 
clerics,  however,  the  Holy  See  requires  to  be  observed  not  only 
the  age  limit  of  Trent  but  also  the  completion  of  the  g3'mnasium 
course  of  studies  (Deer.  S.  C.  de  Rel.  super  "Auctis  admodum" 
art.  6,  Sept.  7,  1909).  In  countries  which  have  not  the  Italian 
system  of  education  and  grading,  this  would  be  equivalent  to  the 
completion  of  those  studies  which  precede  the  philosophical  course 
according  to  the  particular  systems  (Vermeersch,  Periodica,  vol. 
V,  p.  44). 

But  not  all  persons  capable  of  choosing  the  Religious  state, 
have  access  to  it.  One  cannot  become  a  participant  of  the 
spiritual  favors  of  the  Church  unless  he  be  in  communion  with 
Her.  Hence,  since  infidels,  heretics,  schismatics  and  excommuni- 
cated are  incapable  of  receiving  the  graces  of  Religion,  while  they 
remain  so,  they  are  by  ecclesiastical  law  forbidden  to  be  incor- 
porated into  a  Religious  Institute.^ 

There  are  other  persons  whose  duties  in  life  prevent  them  from 
entering  Religious  Orders  and  Institutes.  Among  these,  persons 
in  wedlock  may  be  considered  as  taking  the  first  place.  Common 
law,  however,  makes  some  exceptions  especially  in  favor  of  the 
strict  Orders.  Thus  "per  se"  a  married  person  could  enter  Re- 
ligion with  the  consent  of  the  other  party.  Again,  if  one  had 
forfeited  the  rights  of  Marriage  by  adultery  or  by  apostasy,  the 
other  party,  "positis  ponendis,"  is  free  to  choose  the  Religious 
state.^  Some  Canonists  are  not  at  all  certain  that  this  regulation 
in  Common  law  may  be  vindicated  in  favor  of  Religious  Congre- 
gations.^'' The  same  uncertainty  prevails  in  extending  the  privi- 
leges of  Common  law  which  grants  persons  in  wedlock  two  months 
within  which  they  may  choose  the  Religious  state  provided  the 


*Decr.  S.  C.  EE.  et  RR.,  Nov.  25,  1898,  in  Anal.  eccl.  T.  VII,  p.  884; 
Wernz.  o.  c,  vol.  III.  p.  295. 
^  Wernz.  1.  c,  n.  628;  Sebastianelli,  de  Pers,  p.  370. 
'"  Wernz.  1.  c. ;  Bastien,  o.  c,  p.  45 ;  Battandier,  o.  c,  p.  58. 


IN     THEIR     EXTERNAL     RELATIONS  47 

marriage  is  not  consummated."     But  it  is  certain  that  a  ratified 
(ratum)   marriage  is  not  dissolved  by  the  profession  of  Simple 

VOWS.^'". 

Closely  related  to  the  matrimonial  bond  is  the  contract  of 
betrothment.  It  is  generally  admitted  that  the  sponsalitial  con- 
tract does  not  bind  in  prejudice  to  Religious  life,  even  in  Insti- 
tutes where  the  Religious  state  exists  only  imperfectly.^" 

When  the  state  of  Matrimony  is  blessed  with  children,  there 
arises  such  an  intimate  bond  between  parents  and  children,  and 
also  between  brothers  and  sisters,  that  at  least  their  extreme  needs 
must  be  provided  for  even  at  the  sacrifice  of  joining,  or  at  the 
expense  of  deserting,  the  Religious  life.  This  has  always  been 
the  teaching  of  the  Church  and  Moralists.  In  the  case  of  brothers 
and  sisters,  however,  the  voice  of  nature  is  not  so  urgent  as  in 
the  case  of  parents,  at  least  not  when  there  arises  only  a  grave 
necessity  which  could  be  provided  for  otherwise.  But  even  then 
Theologians  without  hesitation  maintain  that  one  should,  or  at 
least  may,  postpone  entrance  into  a  Religious  Institute.^* 

A  union  similar  to  that  of  wedlock  exists  between  the  spiritual 
pastor  and  his  flock.  Wherefore  the  sacred  Canons  prohibit  the 
Bishop,  even  a  Titular,  from  entering  Religion  without  the  special 
permission  of  the  Holy  See.^^  As  to  priests  and  clerics  the 
privilege  renewed  by  Benedict  XIV  obtains:  "Clericus  potest 
transire  ad  Religionem,  non  petita  licentia,  etiamsi  contradica- 


"c.  7,  Tit.  32,  X,  lib.  Ill;  Gasparri,  de  Matr.  n.  437.  Noldin,  Theol. 
Mor.,  vol.  111.  n.  522;  and  De  Sexto,  n.  84. 

'■C.  of  Trent  sess.  XXIV,  can.  6.  de  ref.;  Wernz,  1,  c. ;  Bargilliat, 
Praelectiones  J.  C,  n.  1106;  Sebastianelli,  I.  c,  p.  369. 

'"  Gasparri,  o.  c.  vol.  I,  n.  145,  146 ;  De  Smet,  "Betrothment  and  Mar- 
riage," vol.  I,  p.  :;0;  Wernz.  o.  c,  vol.  Ill,  n.  628. 

''St.  Thomas.  "Summa,"  II,  II,  q.  169;  St.  Alphonsus,  Theol.  Moral.,  lib. 
VI,  66 ;  Wernz,  1.  c. ;  Bastien,  o.  c,  n.  86. 

'^C.  18,  Tit.  31.  X.  Hb.  Ill;  C.  2,  Tit.  7,  X.  lib.  Ill;  C.  10,  Tit.  10,  X,  lib. 
I;  Benedict  XIV,  Const.  "Ex  quo,"  Jan.  14,  1747. 


48  RELIGIOUS      CONGREGATIONS 

tur.''  ^®  Since  this  privilege  refers  to  the  perfect  Religious  state, 
Institutes,  in  which  the  three  perpetual  vows  of  poverty,  chastity 
and  obedience  are  not  made,  are  excluded:  "Nous  ne  pensons 
pas,"  says  Bastien,  "que  Ton  puisse  etendre  ce  privilege  aux 
associations  des  pretres  qui  n'emettent  pas  les  trois  voeux.  p.  ex. 
les  Lazarists,  les  pretres  de  St.  Sulpice,  etc.,  le  mobile  de  la  dispense 
faisant  defaut."  ^'  The  Holy  See  excepts  from  the  general  privi- 
lege students  of  some  Pontifical  Colleges  and  priests  ordained 
"sub  titulo  missionis."  As  to  the  students  of  such  Pontifical 
Colleges  the  following  oath  must  be  taken:  "Spondeo  et  iuro, 
me,  quandiu  hoc  in  collegio  commorabor,  et  postquam,  sive  studiis 
expletis,  sive,  secus,  quavis  de  causa,  inde  discessero,  nulli  re- 
ligiosae  familiae  aut  societati  vel  congregationi  regulari  nomen 
daturum,  nee  in  earum  uUa  professionem  emissurum,  sine  spe- 
ciali  Apostolicae  Sedis  licentia."  ^*  A  similar  oath  is  generally 
taken  by  candidates  for  the  priesthood  "sub  titulo  missionis."  ^® 
Wherefore  the  Holy  See  has  declared:  "Eis,  qui  hoc  titulo  (Mis- 
sionis) sunt  ordinati,  vi  praestiti  iuramenti  interdicitur  in  Re- 
ligionem  ingredi  absque  venia  S.  Sedis."  -^  Consequently  the 
oath  is  licit  and  binding  even  in  prejudice  of  a  higher  state. 
But  from  the  S.  Congregation's  response  it  is  evident  that  clerics 
ordained  under  the  mission-title  must  be  considered  as  making 
a  voluntary  renunciation  of  the  privilege  granted  by  Common 
law  rather  than  as  not  participating  in  the  same. 

Ordinarily  civic  duties  do  not  take  precedence  of  the  Religious 
life.     It  is  unbecoming,  to  say  the  least,  that,  in  times  of  peace. 


"  Eadem  Const,  "Ex  quo." 

'' O.  c.  p.  51  in  note;  Wernz,  o.  c,  vol.  Ill,  p.  296  and  note  (212)  ;  Bouix, 
o.  c.  p.  459.     Responsio  S.  C.  RR.  et  EE.  Jan.  28,  1837. 

'*  Const.  "Quum  Rom.  Pontifices,"  June  28,  1853;  Instr.  S.  C.  de  prop. 
Fide.  April  27,  1871 ;  Bastien,  o.  c,  p.  53  in  note  2.  The  oath  is  taken 
from  the  "Relatio  Annualis  Vicesima  Septima"  of  the  Josephinum  Ponti- 
fical College,  Columbus,  Ohio. 

"  Instr.  S.  C.  de  Prop.  Fide,  April  27,  1871 ;  C.  of  Bait.  Ill,  p.  204. 

^  Eadem  Instr.  n.  10. 


IN     THEIR    EXTERNAL     RELATIONS  49 

aspirants  for  the  Priesthood  or  for  Religion  should  be  compelled 
to  render  military  service  to  the  State  and  thereby  to  postpone 
or  to  desert  a  higher  state.  But  when  governments  no  longer  re- 
gard the  rights  of  the  Church  ( Privilegium  exemptionis,  cfr. 
Sebastianelli.  de  Pers.,  u.  17),  prudence  suggests  that  these  rights 
be  not  asserted  as  long  as  no  direct  violation  of  Divine  rights  is 
involved.  This  policy  seems  to  have  inspired  the  new  legislation 
of  the  Church  forbidding  persons,  subject  to  military  sei-vice, 
to  make  the  perpetual  profession  in  Religious  (Irders  and  Insti- 
tutes, or  to  receive  Holy  Orders  before  this  service  has  been 
rendered.-'^  Even  when  the  military  demands  cover  but  a  few 
months,  the  Religious  profession  must  be  delayed."  There  is 
one  exception  to  the  law,  viz.,  Religious  candidates  for  Orders, 
whose  course  of  studies  is  within  one  year  of  completion,  may 
make  the  perpetual  profession,  provided  they  take  an  oath 
of  serving  on  the  foreign  Missions  until  such  time  that  their  lia- 
bility to  military  service  has  elapsed.-"' 

In  this  category  of  personal  obligations  wliicli  prevent  one 
from  embracing  the  Religious  life,  commutative  justice  also  must 
be  mentioned.  Thus  the  Canons  of  the  Church  prohibit  the  re- 
ception of  insolvent  debtors  and  of  persons  involved  in  litiga- 
tions.-* Cases,  however,  may  occur  which  exclude  absolutely 
any  possibility  of  satisfying  justice.  Such  would  certainly  re- 
ceive the  benign  consideration  of  the  Church,  for  She  looks  more 
to  the  moral  than  to  the  social  conditions  and  necessities  of  man, 
especially  when  these  do  not  include  personal  turpitude. 

Yet  the  social  attitude  cannot  be  altogether  ignored,  not  even 
by  Religious  Institutes.  Nor  does  the  Church  ignore  it.  This 
is  evinced  especially   in   the    case    of    illegitimacy.-"*     Generally 


-'  "Inter  Reliquas,"  Jan.  1,  1911. 

^^"Responsio"  S.  C.  de  Rel.  Feb.  1,  1912. 

-"  Ibid.,  n.  6. 

-' Sixtus  V,  Const.  "Cum  de  omnibus,"  Nov.  26.  1.586;  Clement  VIII, 
Const.  "In  suprema,"  April  2,  1602;  Wernz.  1.  c,  n.  628,  629. 

'"'  C.  1,  tit.  18,  X.  de  fil.  presbyt. ;  Const.  "Cum  de  omnibus,"  Nov.  26, 
1587. 


50  RELIGIOUS     CONGREGATIONS 

illegitimacy,  and  even  widowhood  by  the  particular  decrees  of 
approval  rtre  made  impediments  to  Religious  Congregations.^^ 
Since  no  general  law  exists  to  this  effect.  Religious  Institutes  are 
governed  solely  by  their  constitutions,  except  Institutes  of  priests. 
Illegitimacy  is  an  impediment  to  Sacred  Orders,  and  therefore  it 
necessarily  effects  Congregations  of  clerics. 

Quite  different  is  the  attitude  of  the  Church  towards  personal 
and  public  crime.  The  Sacred  Canons  explicitly  forbid  the  re- 
ception of  applicants  publicly  stained.-'  The  Papal  Constitutions 
refer  directly  to  Religious  Orders.  Yet  there  can  be  no  doubt 
that  the  honor  of  other  Institutes  demands  this  same  prohibition 
as  will  appear  from  the  following  regulations. 

Pius  X  laid  down  the  rigid  law  for  all  Religious  Institutes  of 
men  that  they  may  not  receive  any  applicant  who  has  been  guilty 
of  any  offense  which  entailed  dismissal  from  an  Institute  of 
learning;  "Nullimode,  absque  speciali  venia  S.  Apostolicae,  et 
sub  poena  nullitatis  professionis,  excipiantur  .  .  .  postu- 
lantes,  qui  e  collegiis  etiam  laicis  ob  inhonestos  mores  vel  ob  alia 
crimina  expulsi  fuerint."  -**  Under  a  separate  decree  the  same 
law  has  been  extended  to  Congregations  of  women.-**  Evidently 
the  term  "Collegium"  cannot  be  applied  to  elementary  schools,  for 
in  ecclesiastical  language  "Collegium"  is  generally  predicated  of  a 
society  of  persons  acting  as  a  moral  unit  and  connected  with  some 
sort  of  common  life.''"  It  would  appear,  then,  that  in  the  present 
law  "Collegium"  refers  properly  to  institutes  of  higher  education. 
The  law,  however,  speaks  in  general  terms,  and  therefore  col- 
leges, and  universities,  whether  conducted  by  clerics  or  laics, 
by  Catholics  or  non-Catholics,  are  comprised  in  the  late  decrees. 

A  further  and  more  stringent  precept  obtains  in  case  of  dismis- 


^  Wernz,  1.  c. ;  Battandier.  o.  c,  n.  55 ;  Bastien,  o.  c,  n.  80 ;  Lanslot,  n.  75. 
■'  Const.   "Cum   de  omnibus,"   Nov.   26,   1587 ;   'Ad   Romanum,"   Oct.   21, 
158S. 
"Deer.  S.  C.  de  Religiosis,  "Ecclesia  Christi,"  Sept.  7,  1909. 
*  Deer.  "Sanctissimus,"  Jan.  4,  1910. 
**  Vermeersch,   Periodica,  vol.  V,  p.    (21). 


IN  THEIR  EXTERNAL  RELATIONS  51 

sal  from  vocational  schools.  The  same  decrees  just  quoted 
forbid  the  reception  of  postulants  who  have  been  expelled 
"quacumque  ratione"  from  Ecclesiastical  and  Religious  seminaries, 
colleges,  and  domestic  school  for  girls.  Ecclesiastical  and  Re- 
ligious seminaries  and  colleges  are  determined  not  by  the  status 
of  the  teaching  faculty,  but  by  the  aim  of  the  students  attending 
these  schools.  If  the  students  of  an  Institute  are  preparing  im- 
mediately for  the  Ecclesiastical  or  Religious  state,  the  present  law 
would  certainly  find  its  full  application.  If,  however,  the  student 
body  were  preparing  for  various  avocations  in  life,  such  Insti- 
tutes Vermeersch  thinks  could  hardly  be  considered  ecclesiastical 
or  Religious  colleges. ^^  But  this  impediment  refers  not  only  to 
moral  guilt,  but  also  to  mental  inability  of  any  cause  justifying 
expulsion. •^- 

The  same  ecclesiastical  impediment  accompanies  compulsory 
dismissal  from  Religious  Congregations  or  Orders.  Henceforth 
no  Novice  or  Religious  of  either  sex  who  has  been  expelled  from 
a  Religious  Institute  or  has  obtained  a  dispensation  from  the 
vows,  can  enter  another  Institute  or  another  province  of  the 
same  Institute  without  the  special  permission  of  the  Holy  See.^^ 

It  is  necessary  to  make  a  few  observations  on  these  new  regu- 
lations of  the  S.  C.  de  Religiosis,  since  they  entail  such  severe 
consequences.  There  is  question  of  dismissal  or  expulsion  in 
the  various  impediments.  Now  a  virtual  (aequivalenter)  dis- 
missal or  expulsion,  i.  e.,  advice  to  leave  on  one's  own  accord  in 
order  to  avoid  formal  expulsion,  is  tantamount  to  an  explicit 
dismissal,  and,  therefore,  such  a  postulant  may  not  be  licitly  re- 
ceived into  any  Religous  Institute.  Since,  however,  such  pro- 
cedure would  not  be  a  direct  violation  of  the  law,  but  as  Canonists 
say,  an  evasion  "in  fraudem  legis,"  the  Religious  profession  would 
be  valid,  but  not  licit.     If,  then,  one  were  advised  to  discontinue 


"  Vermeersch,   Periodica,  Vol.  V,  p.  :a. 

'^  Ibid,  and  "Responsio  S.  C.  de  Rel.,"  April  5,  1910. 

"  Deer.  "Ecclesia  Christi"  et  "Sanctissimus"  cit. 


o2  RELIGIOUS     CONGREGATIONS 

his  or  her  studies  or  leave  a  Religious  Institute  for  other  reasons 
than  to  avoid  dismissal,  such  a  one  would  not  be  effected  by  the 
law;  for  voluntary  egress  from  a  school  or  Religious  Institute 
is  no  impediment  to  joining  a  Religious  Society.  Nevertheless 
a  sworn  testimony  is  required  to  show  that  such  a  one  has  not 
been  "formaliter  vel  aequivalenter"  dismissed.^*  Nor  are  postu- 
lants included  in  the  decree,  but  Novices  in  the  strict  sense  and 
Religious  who  have  made  the  Religious  profession.  Again  there 
is  reference  only  to  mental  or  moral  causes  which  effect  the 
dismissal.  Consequently,  merely  physical  causes  such  as  ill 
health,  etc.,  form  no  legitimate  basis  for  incurring  the  penalty 
of  the  law.  Finally  the  oft-quoted  principle  of  Canonists  that 
Rome's  legislation  for  Religious  must  l)e  restricted  exclusively 
to  Institutes  directly  under  her  authority  unless  the  contrary  is 
explicitly  stated,  finds  application  here.  Hence  we  may  safely 
say,  then,  that  the  above  precepts  of  Pius  X  do  not  extend  to 
diocesan  Institutes.  This  does  not,  however,  exclude  them  from 
being  at  least  directive  norms  which  Bishops  would  do  well  to 
impose  on  Societies  under  their  jurisdiction.'-'^ 

A  final  impediment  to  entering  a  Religious  Institute  of  the 
Western  Church  is  the  Oriental  Rite.  No  person  of  the  Oriental 
Rite  can  be  admitted  into  a  Community  of  the  Occidental  Rite 
without  the  special  permisson  of  the  Holy  See'^*^  and  the  written 
testimony  of  the  postulant's  proper  Bishop.^^  In  case  of  lay 
Brothers  and  Sisters,  however,  recourse  to  the  Holy  See  is  re- 
quired only  for  a  "formal"  transfer  to  the  Latin  Rite.^**  If,  there- 
fore, a  candidate  does  not  formally  surrender  the  Oriental  Rite, 
he  or  she  would  be  obliged  to  follow  the  same  Rite  in  case  dis- 
missal or  voluntary  egress  from  the  Institute  were  ever  effected. 


'*  "Declaratio"  S.  C.  de  Rel.  April  o,  IHIO. 
"^  Ibidem ;  Vermeersch,  Periodica,  vol.  V,  pp.  54.  99,  124. 
="  Deer.  S.  C.  de  Prop.  Fide,  June  1,  1885. 

"  Lit.  Apost.  "Orientalium  dignitas  Ecclesiarum,"  Nov.  30,  1894 ;  Utterae 
Praefecti  S.  C.  de  Prop.  Fide,  June  15,  1912. 
"Vermeersch,  Periodica,  Vol.  VI,  pp.  245,  246. 


IN     THEIR     EXTHIRNAL     RELATIONS  53 

This  procedure,  however,  could  not  be  followed  by  candidates 
for  Sacred  Orders.  No  Order  or  Institute,  irrespective  of  its 
canonical  status,  may  ordain  a  subject  of  the  Oriental  Rite  with- 
out the  special  permission  of  the  Holy  See. 

The  question  now  arises  in  regard  to  all  these  impediments, — 
how  an  Institute  may  know  of  their  existence  or  non-existence. 
For  this  purpose  the  Holy  See  has  imposed  the  obligation  on  all 
Religious  Congregations  of  demanding  testimonial  letters  from 
the  postulant's  Bishop  or  Bishops.  The  decree  "Romani  Ponti- 
.fices"  says  on  this  matter:'®  "In  quocumque  Ordine,  Congrega- 
tione,  Societate.  Institute.  Monasterio,  domo,  sive  in  iis  emit- 
feantur  vota  Sollemnia,  sive  simplicia  .  .  .  nemo  ad  habitum 
admittatur  absque  testimonialibus  litteris  turn  Ordinarii  originis 
turn  etiam  Ordinarii  loci,  in  quo  postulans  post  expletum  decimum 
quintum  annum  aetatis  suae  ultra  annum  moratus  fuerit,  Ordinarii 
in  praefatis  litteris  testimonialibus  exquisiverint,  etiam  per 
secretas  informationes  de  postulantis  qualitatibus,  referre  debeant 
de  ejus  natalibus,  aetate,  moribus,  vita,  fama,  conditione,  edu- 
catione,  scientia,  etc.  .  .  .  Et  sciant  Ordinarii  eorum  con- 
scientiam  super  veritate  expositorum  oneratam  remanere,  nee 
ipsis  unquam  liberum  esse  huiusmodi  testimoniales  litteras  de- 
negare."  Here  we  notice  that  the  testimonials  must  contain  the 
necessary  information  pertaining  to  all  the  impediments  touched 
upon  in  this  chapter.  Nor  can  it  be  said  that  this  law  has  passed 
into  desuetude,  for  the  "Elenchus  quaestionum."  issued  in  1906 
and  outlining  a  certain  number  of  questions  which  must  be  re- 
ported upon  every  third  year,  states  in  the  tenth  question  "de 
admissis" :  "Institutis  Religionum,  num  litterae  testimoniales  per 
Decretum  Romani  Pontifices  praescriptae  in  singulis  casibus 
expeditae  fuerint."  This  said  decree,  "Romani  Pontifices,"  does 
not  seem  to  refer  to  diocesan  Institutes,  nor  to  approved  Insti- 
tutes of  women. ^'*     Nor  does  the  Const.   "Conditae  a  Christo" 


"•Deer.  S.  C.  de  Regularibus.  Jan.  25,  1848. 
*"  Sebastianelli,  o.  c,  de  Pers.,  n.  3.34. 


54  RELIGIOUS     CONGREGATIONS 

explicitly  speak  of  these  except  in  reference  to  testimonial  let- 
ters for  Institutes  of  Priests. ^^  In  regard  to  diocesan  Institutes, 
however,  the  Const.  "Conditae  a  Christo"  says :  "De  puellis  habitum 
religiosum  petenibus,  item  de  iis  quae  probatione  expleta,  emis- 
surae  sint  vota,  Episcopus  singulatim  certior  fit ;  eiusdem  erit  illas  et 
de  more  explorare  et  si  nihil  obstat  admittere."  ^-  Practically  this 
obligation  includes  the  information  required  by  the  testimonials ; 
for  how  else  could  a  Bishop  judge  whether  anything  objectionable 
as  to  the  candidate  exists?  As  to  approved  Institutes,  the 
"Elenchus"  manifests  the  will  of  the  Holy  See,  and  makes  no 
distinction  between  Institutes  of  women  and  men.  Therefore 
it  would  seem  to  follow  that  these,  too,  must  demand  testimonials 
before  receiving  postulants.  No  doubt  the  Roman  approval  of 
the  individual  Communities  makes  ample  provisions  for  the 
same.  At  any  rate  testimonials  are  demanded  of  each  postulant 
who  has  left  a  vocational  school,  college,  seminary,  or  Religious 
Institute  according  to  the  decrees  quoted  above.*^ 

Ordinarily  testimonials  of  Baptism  and  Confirmation  are  also 
required  of  postulants.  The  "Normae"  of  1901  make  special 
mention  of  them.**  But  there  does  not  seem  to  be  a  special  law 
to  this  eflect,  yet  the  approved  constitutions  generally  demand 
them.^'* 

Many,  no  doubt,  find  these  various  prescriptions  of  the  Holy 
See  irksome  and  inconvenient,  not  to  say  severe  at  times.  But 
all  must  admit  that  they  redound  to  the  greater  security  and  glory 
of  that  state  which  has  produced  so  many  Saints  in  the  Church 
throughout  the  different  centuries.  The  history  of  Religious 
Orders  and  Congregations  but  too  plainly  shows  that  as  an  Insti- 


"  C.  II,  n.  6. 
"  C.  I,  n.  7. 

**  Decrs.  "Ecclesia  Christi"  and  "Sanctissimus." 
"  Normae,  Art.  57. 

"  Wernz,  1.  c,  in  note   (204)  ;  Bastien,  o.  c,  p.  45 ;  Battandier,  o.  c,  p. 
61 ;  Lanslot,  o.  c,  p.  44. 


IN     THEIR     EXTERNAL     RELATIONS  55 

tute  neglected  the  regulations  of  the  Holy  See,  it  deteriorated  pro- 
portionately and  not  seldom  reached  that  irremediable  stage 
where  dissolution  was  inevitable ;  while  strict  obedience  to 
the  precepts  of  the  Holy  See  has  ever  seemed  to  merit  the  special 
blessing  of  Providence,  by  bringing  to  its  doors  numerous  can- 
didates, a  more  vigorous  spiritual  life,  and  greater  fruit  of 
sanctity.  And  little  should  we  wonder  that  so  it  should  be.  in 
order  that  an  Institute  may  merit  benediction  from  God  and  in- 
spiration from  man.  An  Institute  whose  corner  stone  is  obed- 
ience, must  first  give  an  example  to  those  whom  it  calls  to  join 
its  ranks,  of  readiness  to  obey  in  all  things,  that  in  it  may  be 
verified  the  words  of  Him  who  said,  "He  that  foUoweth  Me  walk- 
eth  not  in  darkness." 


50  RELIGIOUS     CONGREGATIONS 


CHAPTER  V. 


The  Bond  oe  Religious  Lipe. 


The  Religious  State  may  be  defined  "as  the  mode  of  life,  ir- 
revocable in  its  nature,  of  men  (hominum)  who  profess  to  aim 
at  the  perfection  of  Christian  Charity  in  the  bosom  of  the  Church 
bv  the  three  perpetual  vows  of  poverty,  chastity  and  obedience."  ^ 
In  this  precise  form  the  Religious  State  is  the  invention  of  the 
Church.  Christ,  the  Author  of  perfection,  proposed  the  counsels 
but  left  the  mode  of  their  observance  to  the  individual  and  the 
Church.  If  they  are  to  form  the  foundation  of  a  special  state 
of  life,  some  device  must  be  resorted  to  in  order  to  insure  sta- 
bility in  their  observance.  Stability  or  permanency  is  the  first 
requisite  of  any  state.  The  very  word  "state"  suggests  it.  Se- 
bastianelli  says :  "Status  a  'stare,'  est  quidem  vivendi  modus  cum 
permanentia  ex  causa  non  facile  mutabili  sed  perenni"  (o.  c,  vol. 
IT,  p.  ?)4fi).     How  can  this  be  procured? 

Christ  has  left  the  way  of  Christian  perfection  optional,  and 
consequently  no  authority  can  make  it  obligatory.  A  firm  reso- 
lution or  a  promise  may  ensure  some  sort  of  stability,  but  hardly 
an  irrevocable  state.  There  remains,  however,  the  possibility  of 
invoking  God  in  confirmation  of  a  promise  or  directing  the 
promise  immediately  to  Him.  Thus  a  fourfold  method  of  ob- 
serving the  counsels  or  striving  after  perfection  is  presented  to 
man :  the  state  of  perfection  may  be  inaugurated  first  by  a  mere 
resolution  sustained  only  by  the  bond  of  charity ;  secondly,  by 
a  promise  to  a  legitimate  superior,  which  would  add  at  least  the 
obligation  of  fidelity;  thirdly,  by  an  oath  or  lastly  by  a   vow, 


'  Vermeersch,  Catholic  Encyclopedia,  "Religious." 


IN     THIUR     EXTERNAL     RELATIONS  57 

either  of  which  would  strengthen  the  promise  by  the  bond  of 
Religion.  Each  of  these  has  been  chosen  as  the  bond  of  Re- 
ligious life  in  Societies  approved  by  the  Church. 

In  Religious  Institutes  which  are  based  on  the  mere  bond  of 
charity,  no  more  can  be  required  of  postulants  than  the  firm 
promise  of  perseverance.  Billuart  defines  a  "propositum"  as  an 
"actus  voluntatis  deliberatae,  quo  quis  vult  quidem  facere  id  de 
quo  deliberat,  sed  numquam  obligat  se  ad  illud  faciendum."  ^ 
If  at  any  time  one  should  for  sufficient  reason  desist  from  con- 
tinuing in  this  state  of  mind,  it  could  not  "per  se"  be  imputed 
to  him  as  sin,  for  "omissio  propositi  per  se  non  est  peccatum."  ^ 
The  "per  se"  is  essential  when  applying  this  principle  to  Religious 
Institutes  as  will  be  seen  below.  Entering  such  an  Institute 
signifies  something  more  than  an  intention  to  do  something,  it 
involves  a  tacit  bilateral  contract  of  not  inflicting  any  injury. 
Therefore,  such  Institutes  have  much  in  common  with  that  class 
which  binds  its  members  by  a  promise  of  perseverance.  But  the 
colnparative  instability  of  the  Religious  life  in  such  Institutes 
prevents  it  from  being  a  true  state  in  the  strict  meaning  of  that 
term. 

Those  Institutes  which  exact  a  formal  promise  of  perseverance, 
oblige  themselves  to  provide  for  all  the  spiritual  and  temporal 
necessities  of  their  members  as  also  not  to  dismiss  members  with- 
out a  just  and  grave  reason.  The  postulant  in  turn  pledges  per- 
severance and  a  mode  of  life  in  harmony  with  the  principles  of 
the  In.stitute,  so  as  not  to  give  just  cause  for  dismissal.*  Jn  virtue 
of  this  mutual  and  onerous  contract  a  strict  obligation  in  ju.stice 
arises:  "Promissionem  perseverantiae  acceptando,  ipsa  vicissim 
sese  obligavit  ad  gerendam  de  membro  suo  convenientem  curam ; 


^  "Summa  Theol.,"  vol.  IV,  dist.  IV,  a.  1.  de  Rel. 

'"  Noldin,  "Summa  Theol.."  vol.  11,  n.  209. 

'  Bouix,  de  Regularibus,  vol.  II,  p.  II,  p  4G.'j  sq. 


58  RELIGIOUS     CONGREGATIONS 

ita  lit  verns  existat  congregationem  inter  et  ipsius  membra  onero- 
sus  contractus." " 

If  this  promise  is  confirmed  by  an  oath,  another  obligation  of 
perseverance  is  added  to  the  contract,  viz.,  the  obligation  of 
religion.  By  an  oath,  God  is  invoked  as  a  witness  to  the  tnith 
of  the  present  promise  and  as  a  bail  and  surety  of  its  execution  ; 
not  indeed  in  the  sense  that  He  assumes  the  obligation  of  ful- 
filling the  contract,  but  that  He  considers  its  non-fulfillment  as  a 
direct  ofiFense  against  Himself.  By  an  oath,  furthermore,  God  is 
implicitly  asked  to  manifest,  either  in  this  life  or  in  the  next,  the 
truth  of  what  is  said.  The  violation,  then,  of  this  promise,  to 
which  God  has  added  His  authority,  is  not  only  an  infringement 
of  justice,  but  also  of  reverence  due  to  God.  The  oath,  there- 
fore, must  give  greater  .stability  to  the  Religious  life.** 

But  neither  the  onerous  contract  nor  the  oath  can  give  irre- 
vocability to  the  Religious  profession.  The  promise  is  entirely 
subject  to  the  contracting  parties,  for  "nihil  tam  naturale,  quam 
eodem  genere  quodque  dissolvere,  quo  colligatum."  '^  And  the 
oath  necessarily  follows  the  nature  of  the  contract :  "Accessorium 
naturam  sequi  congruit  principalis."  ^  For  this  reason  the  true 
foundation  of  the  Religious  state  cannot  be  had  in  the  promise 
or  the  oath,  but  must  be  sought  in  the  vow. 

The  Scholastics  define  the  vow  as  a  "promissio  Deo  facta  de 
bono  meliori"  f  but  for  our  purpose  the  "de  bono  meliori"  is 
circumscribed  by  the  evangelical  counsels  of  perpetual  poverty, 
chastity  and  obedience,  as  the  definition  of  the  Religious  state 
indicates.^"     While  Christ  gave  many  counsels,  yet  the  observ- 


^  Bouix,  1.  c. ;  Suarez,  o.  c.  Tom.  2,  Tract.  6,  lib.  6,  c.  15 ;  St.  Alphonsus, 
o.  c,  lib.  III.  Tract.  2,  c.  4. 

'  Noldin,  o.  c,  vol.  II.  p.  248  sq. 

'  Reg.  juris  civilis,  35. 

*  Reg.  Jur.,  42  in  6°. 

"  St.  Thomas.  "Summa,"  II,  II,  qu.  88.  a.  1-12. 

""Suarez,  De  Religione,  Tract.  VII.  lib.  ii.  C.  2;  Sebastianelli.  De  Regu- 
laribus,  n.  319. 


IN     THEIR     EXTERNAL     RELATIONS  '5^ 

ance  of  all  of  them  is  not  necessary  for  the  state  of  perfection. 
The  great  obstacles  to  perfection  are  the  care  of  things  temporal, 
the  pleasures  of  the  flesh  and  the  free  exercise  of  personal  liberty. 
The  free  and  permanent  renunciation  of  these  is  necessary,  but 
also  sufficient  for  acquiring  Christian  perfection.^^  The  promises 
made  in  a  Religious  Institute  insure  permanency,  for  God  de- 
mands the  fulfillment  of  vows :  "Si  quid  Deo  vovisti,  ne  moreris 
reddere,  dispHcet  enim  ei  infidelis  et  stulta  promissio."  ^-  And 
St.  Thomas  says:  "Votum  quandam  obligationem  importat 
.  .  .  et  voto  quis  Deo  obligatur  ex  justitia  eo  modo,  quo 
iustitia  ad  Deum  esse  potest."  ^"  Therefore  the  double  obligation 
of  justice  and  fidelity  towards  God  binds  one  to  adhere  to  such 
a  promise  of  perseverance  in  Religion. 

We  might  ask  why  a  greater  stability  is  achieved  through  the 
vow  than  the  oath.  Authors  dispute  whether  "per  se"  the  vow 
or  oath  imposes  the  greater  obligation.  Both  are  acts  of  Re- 
ligion. The  vow  creates  an  obligation  of  fidelity,  and  the  oath, 
that  of  reverence  towards  God.  The  one  promises  something 
to  God,  the  other  invokes  His  authority  to  confirm  a  promise  to 
man.  But  when  the  vow  and  oath  appertain  to  the  Religious  life, 
there  is  no  doubt  that  the  vow  induces  the  greater  stability,  for 
it  is  the  promise  itself  while  the  oath  is  only  accessory.  And 
then  the  Church  has  always  laid  greater  stress  upon  the  vow  and 
a  dispensation  from  it  requires  graver  reasons.^* 

As  a  promise  made  to  God,  the  vow  is  a  purely  internal  act. 
But  the  natural  law  dictates  that  if  it  is  to  be  adjudicated  in  the 
external  forum,  it  must  be  made  public;  and  if  it  is  to  become 
the  foundation  of  a  state  in  life,  it  is  very  becoming  that  some 
solemnity  be  attached  to  it.^'*     Thus  vows  have  ever  been  divided 


"  Suarez,  1.  c. ;  Sebastianelli,  1.  c.  Vermeersch,  De  Rel.  Inst,  et  Personis, 
Tom.  I,  c.  1,  a.  11. 
"  Eccl.  C.  6. 

"  "Summa,"  II.  II.,  qu.  88,  a.  1. 

"  Suarez,  de  Jur.  lib.  II,  6,  12;  Ojetti,  o.  c,  n.  2547;  Noldin,  1.  c. 
"  St.  Thomas,  1.  c,  qu.  88,  a.  7. 


60  RELIGIOUS     CONGREGATIONS 

into  private  and  public.  But  in  regard  to  Religious  life,  vows 
have  received  the  appellation  of  Solemn  and  Simple  according 
to  the  special  specification  of  the  Church.  Boniface  VIII  says: 
"Illud  solum  votum  debere  dici  sollemne  .  .  .  quod  solem- 
nizatum  fuerit  per  susceptionem  SS.  Ordinis  aut  per  professionem 
expressam  vel  tacitam  factam  alicui  de  religionibus  per  Sedem 
Apostolicam  approbatam  .  .  .  Nos  attendentes,  quod  voti 
sollemnitas  ex  sola  institutione  ecclesiae  est  inventa."  ^^  With 
the  introduction  of  Religious  Congregations  the  Simple  vows  be- 
came the  foundation  and  bond  of  these  Institutes.^ '  The  Society 
of  Jesus  prescribed  both  Solemn  and  Simple  vows.^*  Pius  IX 
prescribed  that  the  Religious  Orders  of  men  make  the  Simple 
vows  for  three  years  after  the  Novitiate  and  then  the  Solemn. i* 
Leo  XIII  extended  the  same  to  Orders  of  women. '-^' 

The  obligation,  however,  of  the  Solemn  and  Simple  vow  is 
the  same.  Celestine  III  maintained  that  "votum  simplex  non 
minus  obligat  apud  Deum  quam  sollemne."  -^  And  Fr.  Ver- 
meersch  says,  "vota  sollemnia  et  privata  inter  se  dififerunt  non 
tarn  intrinseca  quam  accidentali  et  extrinseca  accessione  auctori- 
tatis."  ■--  But  the  Church  has  attached  an  additional  power  to 
the  Solemn  vow  in  the  form  of  an  invalidating  impediment  to 
the  acts  opposed  to  the  Solemn  vow.-"  Since  this  incapacitating 
effect  of  the  Solemn  vow  emanates  simply  from  the  Church's 
authority,  it  follows  that  She  can  also  affix  it  to  the  Simple  vow. 
This  has  been  done  by  Her  for  instance  in  the  case  of  Simple 
vows  made  by  the  Scholastics  in  the  Society  of  Jesus.-^ 


'*  C.  Unic.  de  voto  in  6°. 

"Const.  "Inter  cetera,"  Jan.  20,  1521;  "Quamvis  justa,"  June  28.  1748; 
"Conditae  a  Christo."  Dec.  8,  1900. 
'*  Const.  "Ascendente  Domino,"  1584. 
"  Deer.  S.  C.  EE.  et  RR.,  March  19,  1857. 
"  Deer.  S.  C.  EE.  et  RR.,  May  3,  1902. 
■'  C.  6,  X.  qui  clerici. 
-'  De  rel.  Instit.  et  Pers.,  Tom.  I,  c.  I. 
"'"  Cfr.  "Corpus  Juris,"  1.  c. 
■*  Const.  "Ascendente  Domino,"  cit. 


IN     THEIR     EXTERNAL     RELATIONS 


61 


In  order  that  the  Simple  vows  may  form  a  permanent  bond  in 
ReHgious  Congregations,  it  is  necessary  that  they  be  perpetual. 
Many  Institutes  exact  only  temporary  vows.  Consequently,  m 
these  the  true  nature  of  the  Religious  state  is  sacrificed.  This, 
however,  in  no  wise  aiifects  the  Religious  life  according  to  the 
evangelical  counsels.  Wherefore  the  Holy  See  has  approved 
such  Institutes  and  given  them  a  place  in  her  Common  law. 

A  still  greater  departure  from  the  Religious  state  is  made  by 
those  Institutes  which  have  not  the  "three"  substantial  vows  of 
Religion,  but  make  only  one  or  the  other,  be  it  temporary  or 
perpetual.  Leo  XIII  acknowledged  these  Institutes  in  the  gen- 
eral "Charter"  for  Religious  Congregations,  but  in  the  following 
year  recommends  the  three  substantial  vows ;  this  is  evidenced  by 
the  "Normae"  which  are  destined  to  constitute  the  guiding  prin- 
ciples for  all  Congregations.  In  Art.  103  we  read,  "Tria  tantum 
substantialia  (vota)  excluso  quarto,  sint  admittenda."  The  ex- 
ception to  the  fourth  vow  is  evidently  to  preclude  the  multiplica- 
tion of  obligations.  Many  Institutes,  as  for  example  the  Jesuits, 
Friars  Minor,  Clerks  Regular,  Passionists,  Nuns  of  St.  Clare  and 
others,  make  a  fourth  vow.  The  Council  of  Trent  approved  of 
this  custom.--'  But  for  Congregations  the  Holy  See  has  evidently 
found  a  fourth  vow  inexpedient. 

The  vows  of  Religion  entail  severe  obligations  which  generally 
bind  for  life.  Wherefore  the  Church  takes  the  greatest  care  that 
sufficient  time  and  opportunity  are  afforded  the  candidates  to  con- 
sider well  the  responsibilities.  The  Council  of  Trent  prescribes 
at  least  one  year  of  probation  for  Regulars,'**  and  the  same  law  is 
generally  extended  to  Congregations  approved  by  Rome.  The 
"Normae"  (Art.  72)  permit  the  time  of  probation  to  be  pro- 
tracted to  at  least  two  years  if  deemed  expedient.  After  this 
period  of  deliberation  there  can  remain  little  room  for  ignorance 
or  error  in  the  mind  of  the  Novice.     Nevertheless  should  a  sub- 


=■'  Sess.  25,  c.  1. 
-*Sess.  25. 


62  RELIGIOUS     CONGREGATIONS 

stantial  error  in  regard  to  the  object  of  the  vow  exist,  it  would 
vitiate  the  same :  " Vota  quae  ...  in  aliqua  religione  appro- 
bata  emittuntur,  irrita  non  esse,  nisi  intercesserit  error  substan- 
tialis."  ^''  So  in  like  manner  would  the  vows  ordinarily  be  null 
and  void  if  one  were  forced  to  make  them.  Billuart  says,  in 
speaking  of  the  vow :  "Votum  sive  simplex  sive  soUemne  emissum 
ex  metu  gravi  in  juste  ab  homine  incussu  ad  extorquendum  illud, 
iure  positivo  est  nullum."  -^ 

No  general  principles  are  adducible  for  interpreting  the  scope 
of  the  vows  of  the  different  Institutes.  The  rules,  constitutions 
and  customs  of  every  Society  are  the  natural  guides,  except  of 
course  in  matters  regarding  the  vow  of  chastity.  Here  no  di- 
vergence of  opinion  or  practice  is  possible.  Sometimes  the  Holy 
See,  or  the  Institute  with  the  permission  of  the  Holy  See,  insists 
upon  a  stricter  observance  of  the  vows.  It  is  generally  held  that 
such  innovations,  if  they  are  really  contrary  to  the  established 
practice,  do  not  ordinarily  bind  the  members  who  have  been  living 
under  the  old  rules  and  customs,  but  affect  only  those  who  make 
their  vows  after  these  changes.-'* 

While  the  rules  and  constitution  interpret  the  scope  of  the 
vows,  yet  they  themselves  are  not  included  in  the  obligations  as- 
sumed by  the  vows,  unless  this  should  be  clearly  stated.  Bouix 
says :  "Regula  non  obligat  vi  voti  oboedientiae,  nisi  id  in  ea  clare 
exprimitur  .  .  .  et  ideo  propria  obligatio  regulae,  ut  sic, 
non  ex  voto  oboedientiae,  sed  ex  propria  ratione  legis  et  prin- 
cipiis  ejus,  est  colligenda."  ^"  It  was  shown  above  that 
the  rules  ordinarily  do  not  bind  under  sin.  Must  we  then 
conclude,  since  neither  the  vow  of  obedience  nor  any  precept 
make  the  rules  of  an  Institute  obligatory  in  conscience,  they  are 
only  a  counsel  and,  therefore,  their  observance  or  violation  op- 


"Ojetti,  o.  c,  n.  4135;  De  Lugo,  de  Jure  et  Justitia,  Disp.  XXII,  n.  88. 
="1.  c,  Dissert.  IV,  art.  I,  c.  18;  cfr.  Sebastianelli,  vol.   I,  p.  385,   for 
exceptions  to  this  general  law. 

■' Vermeersch,  Periodica,  vol.  VII,  p.   (18). 
"De  Regularibus,  vol.  II,  p.  546. 


IN     THEIR     EXTERNAL     RELATIONS  63 

tional?  Suarez  thinks  not:  "Regnla  religiosa  non  est  merum 
consilium ;  quia  praeter  illam  sunt  multa  alia  quae  ex  consilio 
possunt  religiosa  .  .  .  et  nihilominus  religiosus  omittens  alia 
consilia  supra  suam  regulam,  non  censetur  deesse  suo  muneri  et 
statui :  si  autem  suam  regulam  praetermittat,  deficere  censetur 
a  sua  obligatione.  Ergo  talis  regula  respectu  illius  plus  est  quam 
consilium.  Ergo  necessitatem  aliquam  imponit;  potest,  ergo, 
infractionem  punire ;  et  injunctam  poenam  explere  tenetur  vio- 
lator etiam  in  conscientia.  Unde  etiam  tunc  rationem  legis 
aliquatenus  retinet  regula."  *^ 

Summing  up,  then,  we  see  that  the  vows  of  perpetual  poverty, 
chastity  and  obedience  constitute  the  natural  bond  of  the  Re- 
ligious state.  Sometimes  this  bond  is  replaced  by  an  oath  or  a 
mere  promise  which  destroys  the  true  notion  of  a  permanent 
state,  but  which  the  Church  has  accepted  as  sufficient  for  a  quasi- 
Religious  life  in  well-organized  Communities.  In  every  case  an 
obligation  of  justice  is  contracted  which  in  two  instances  is  in- 
creased by  an  obligation  of  religion.  The  extent  of  the  obligation 
is  measured  by  the  rules  of  the  Institute,  which  in  turn  have  the 
sanction  of  at  least  penal  laws. 


Suarez,  De  Relig.,  Tom.  4,  Tract.  8,  lib.  I,  c.  2;  Bouix,  1.  c,  p.  545  sq. 


64  RF.IJGIOUS     CONGREGATIONS 

CHAPTER  VI. 

Egress  From  a  Religious  Institute. 


The  bond  of  Religion  differs  essentially  from  that  of  Sacred 
Orders  and  Matrimony.  In  the  present  economy  of  Divine 
Providence,  the  bond  of  Sacred  Orders  and  Matrimony  is  in- 
dissoluble, while  that  of  Religion  is  "per  se"  perpetual,  but  for 
just  and  proportionately  grave  reasons  may  be  dissolved  and  its 
obligation  dispensed  with  or  commuted.  The  present  chapter, 
therefore,  purposes  to  investigate  the  general  obligation  of  per- 
severance, and  the  canonical  regulations  regarding  dispensation 
and  dismissal. 

Religious,  properly  and  improperly  so-called,  are  obliged  to 
persevere  in  virtue  of  the  mutual  promise  made  in  the  Religious 
profession.  This  supposes  some  sort  of  a  promise.  If  a  Con- 
gregation were  to  allow  egress  at  will,  there  could  be  no  question 
of  a  strict  obligation  to  persevere,  unless  ecclesiastical  law  in  gen- 
eral or  some  external  right  of  justice  would  be  violated  thereby. 
By  the  Religious  profession  the  candidate  surrenders  himself  to 
the  Society  which  in  turn  accepts  his  promise  and  obliges  itself 
to  provide  for  all  the  necessaries  of  soul  and  body:  "Intervenit 
proinde  contractus  utrinque  onerosus,  religiosum  erga  congrega- 
tionem  obligans ;  ita  ut,  abstrahendo  etiam  a  votis,  laedatur  ius 
congregationi  acquisitum,  si  religiosus,  ipsa  invita,  eam  derelin- 
quat.  Quia  hoc  modo  ligant  ex  natura  sua  contractus  onerosi 
quilibet."  ^  This  doctrine  applies  equally,  "quoad  congregationes 
status  religiosi  essentiam  non  habentes,  sed  in  quibus  intervenit 
votum,  juramentumve  aut  promissio  perseverantiae."  -     We  find 


'  Bouix,  De  Reg.,  vol.  II,  p.  168. 
*  Bouix,  1.  c,  p.  464. 


IN     THEIR     EXTERNAL     RELATIONS  6o 

here  a  true  application  of  the  rule  laid  down  in  the  Sacred  Canons  : 
"Mutare  quis  consilium  non  potest  in  alterius  praejudicium."  ■'• 
This,  however,  supposes  that  the  promise  or  vows  are  valid 
and  no  higher  duty  intervenes.  But  what  if  the  invalidity  of  the 
profession  he  invoked?  According"  to  the  Council  of  Trent  an 
ecclesiastical  trial  may  be  instituted  contesting  the  validity  of  the 
Religious  profession  within  five  years  from  the  day  of  the  pro- 
fession. The  nature  and  procedure  of  this  judicial  trial  were 
clearly  defined  by  Benedict  XTV.^  All  this,  however,  refers  only 
to  Regulars.  In  diocesan  Institutes  the  Bishop  would  in- 
vestigate and  decide  the  case  "sola  facti  veritate  inspecta." "' 
But  in  approved  Congregations,  if  the  nullity  of  the  profes- 
sion were  sought,  the  solution  would  remain  with  the  Holy 
See,  unless  the  constitutions  of  the  said  Congregation 
made  special  provision  for  such  cases.  Bastien  says  in 
this  regard:  "En  tons  cas,  si  un  proces  doit  etre  entame, 
faudrait  recourir  au  Saint-Siege,  s'il  s'agit  des  congregations  ap- 
prouvees  par  lui."  '■  Wernz  thinks,  however,  that  if  the  nullity 
of  the  profession  were  desired  by  either  the  Religious  or  Institute, 
it  would  be  more  expedient  to  resort  to  dismissal  and  dispensa- 
tion of  vows:  "Utplurimum  huiusmodi  causae,  quibus  persona 
religiosa  vel  institutum  religiosum  praetendunt  nullitatem  sim- 
plicis  professionis  et  postulant  solutionem  vinculi  contracti  cum 
instituto  religioso  et  liberationem  a  votis,  potius  expediuntur  per 
viam  dismissionis  et  dispensationis  saltem  ad  cautelam  datae 
servatis  legibus  proprii  instituti  et  decretis  pontificiis."  '  Svich 
a  dismissal  according  to  the  present  discipline  renders  entrance 
into  another  institute  very  difficult,  if  not  impossible.  For  this 
reason  we  prefer  the  solution  of  Bastien  and  deem  it  more  ex- 


^  Regula  Jur.  42  in  6. 

*Sess.  XXV,  c.  19,  De  Regularibus ;  Const.  "Si  datam,"  Mar.  4,  1748. 

'  Deer.  S.  C.  EE.  et  RR.,  June  12,  1858 ;  Bargilliat,  o.  c,  n.  114S. 

•O.  C,  p.  98. 

'  O.  c,  vol.  Ill,  n.  673. 


6G  RKLICIOUS     CONGREGATIONS 

pedient  to  refer  the  case  to  the  Holy  See,  unless  the  constitutions 
offer  an  alternative. 

But  there  are  instances  in  which  even  the  valid  profession  can- 
not prevent  one  from  leaving  a  Religious  Congregation.  In  a 
previous  chapter  it  was  said  that  the  duty  of  providing  for  one's 
nearest  of  kin  takes  precedence  of  the  obligation  in  Religion. 
The  same  holds  in  cases  of  extreme  necessity  when  egress  from 
the  Religious  Congregation  is  the  only  means  of  providing  ade- 
quatelv  for  the  preservation  of  one's  health  or  other  similar  duties. 
In  such  instances  the  Community  is  generally  able  and  willing 
to  come  to  the  assistance  of  its  members,  even  with  extraordinary 
means ;  but  were  it  not,  there  would  be  no  violation  of  any  rights 
in  leaving  an  Institute. ^ 

Furthermore  the  Sacred  Canons  formerly  permitted  Religious 
in  the  strict  sense  to  enter  a  stricter  Order  at  will."  This,  how- 
ever, is  contrary  to  present  practice:  "Nunc  in  praxi,"  says  Ojetti, 
"semper  requiritur  venia  a  Sancta  Sede."  ^"^  As  to  Religious 
Congregations,  Bastien  says :  "il  faut  done  ici  s'en  referer  aux 
constitutions  de  I'institut  et  voir  ce  qu'elles  exigent.  D'apres 
la  pratique  en  vigueur  a  la  S.  congregation  des  fiv.  et  Reg.,  telle 
que  la  montrent  les  'Normae'  a  61,  le  recours  au  Saint-Siege  est 
de  rigueur."  ^^ 

Under  ordinary  circumstances,  then,  the  general  principles  hold 
that  egress  from  a  Religious  Congregation  without  the  consent  of 
the  Institute  or  the  dispensation  of  the  Holy  See  is  illicit.  This 
is  the  common  teaching  of  all  Theologians  and  Canonists.  Bouix 
says  and  demonstrates :  "Quoties  intervenit  promissio  persever- 
antiae  a  Congregatione  acceptata,  nisi  congregatio  ipsa  consentiat, 
nemo  praeter  summum  Pontificem  potest  ullum  congregationis 
membrum  liberum  facere,  sive  a  dicta  promissione,  sive  a  jura- 


*  Bastien,  o.  c,  n.  86;  St.  Thomas,  II,  II,  qu.  189;  St.  Alphonsus,  o.  c, 
n.  67-70. 

'C.  IS,  tit.  31,  X.  lib.  III. 

'*0.  c,  n.  398!);  De  Angelis  in  Tit.  31,  lib.  Ill  of  Decretals. 

"  O.  c.  19G. 


IN     THEIR     EXTERNAL     RELATIONS  67 

mento  aut  votis  earn  firmantibus.''  ^-  This  refers  to  diocesan  as 
well  as  approved  Institutes.^"  When  the  Const.  "Conditae  a 
Christo"  says,  "Episcopo  alumnas  sodalitatum  dioecesanarum 
professas  dimittendi  potestas,"  it  immediately  adds,  "cavendum 
tamen  ne  istiusmodi  remissione  ius  alienum  laedatur ;  laedatur 
autem,  si  insciis  moderatoribus  id  fiat  iusteque  dissentientibus."  ^* 
The  powers  of  a  Bishop,  and,  "a  fortiori,"  of  an  inferior  cleric, 
over  vows,  oaths  and  promises  extends  only  "citra  prae judicium 
tertii."  The  Sovereign  Pontiff,  however,  is  the  supreme  admin- 
istrator over  all  the  possessions  and  rights  of  Religious  Congre- 
gations, and,  therefore,  can  dispense  a  Religious  from  his  obliga- 
tion toward  the  Community,  notwithstanding  the  dissent  of  its 
superiors. 

This,  then,  gives  the  key-note  to  the  dispensing  powers  of  the 
Bishops,  priests  and  the  various  superiors  in  the  respective  Con- 
gregations. The  Bishop,  "ceteris  paribus,"  can  dispense  from 
all  vows  (except  that  of  perpetual  chastity)  in  diocesan  Insti- 
tutes.^'^' When  diocesan  Institutes  are  spread  throughout  several 
dioceses,  the  Bishop  of  the  motherhouse  cannot  reserve  this  right 
to  himself  in  prejudice  to  the  Bishops  in  whose  diocese  a  branch 
of  the  Community  resides  and  labors :  "Dispensatio  votorum  pro 
monialibus  domorum  filialium  in  dioecesi  existentium  diversa  ab 
ilia,  in  qua  degit  domus  princeps,  competit  Ordinario  domus 
filialis."  ^^  But  the  vows  of  approved  Congregations  are  re- 
served to  the  Holy  See.^"  One  general  exception,  however,  must 
be  mentioned,  viz.,  the  vows  of  Religious  who  have  performed 
military  service :  "Quod  si  ipsi  iuvenes  a  votorum  vinculo  se  re- 
laxari  desiderent,  aut  sponte  petant,  facultas  fit  superioribus  prae- 


''O.  c,  vol.  II,  p.  466;  St.  Alph.,  o.  c,  lib.  3,  Tract.  2,  c.  4;  Suarez,  o.  c, 
Tom.  2,  Tract.  6,  lib.  6,  c.  15. 
"  Bouix,  1.  c,  p.  463. 

'*  Const.  "Conditae  a  Christo,"  c.  1.  a.  8. 
''  Ibid. 

"Responsio  S.  C.  EE.  et  RR.  April  21,  1903  (Anual.  Eccl.  1903,  p.  254). 
"  Const.  "Conditae  a  Christo,"  C.  II.  a.  2. 


68  RELIGIOUS     CONGREGATIONS 

dictis  (i.  e.,  Superioribus  generalibus)  tamquam  Apostolicae  Sedis 
delegatis,  vota  solvendi,  si  agatur  de  Institutis  clericalibus:  si 
vero  res  sit  de  Institutis  laicorum,  vota  soluta  censeantur  per 
litteras  Superiorum  quibus  licentia  eis  fit  ad  saeculum  redetmdi."  ^^ 

Outside  of  this  instance  the  Religious  superior  can  ordinarily 
neither  dispense  from  the  vows  nor  grant  permission  to  the  Re- 
ligious to  re-enter  the  world,  for  the  obligation  of  the  vow  can 
be  fulfilled  only  in  the  Congregation.  It  was  said  "ordinarily," 
for  no  cognizance  is  here  taken  of  the  powers  conferred  by  par- 
ticular constitutions,  nor  of  the  right  to  dismiss  a  Religious  for 
just  reasons.  This  latter  exception  will  be  treated  presently. 
Of  course  in  Institutes  whose  members  make  no  profession  of 
vows,  the  question  is  quite  different.  Unless  their  constitutions 
reserve  the  right  of  permitting  a  Religious  to  leave  the  Society 
to  the  Holy  See,  the  superior  could  confer  the  necessary  permis- 
sion. In  diocesan  Institutes  the  regulations  of  the  Ordinary 
must  be  consulted. 

But  with  the  dispensation  from  vows  or  with  the  permission 
of  superiors  to  leave  the  Institute  neither  unconditional  liberty 
nor  all  previous  rights  are  restored  to  the  Religious.  We  have 
seen  that  the  dispensation  from  vows  constitutes  an  impediment 
to  entering  another  Congregation  or  Order,  unless  a  special  per- 
mission of  the  Holy  See  is  obtained.  In  addition  to  this  the 
Council  of  Baltimore  closes  the  door  of  the  priesthood  to  teach- 
ing Brothers  of  the  United  States :  "Neminem  qui  in  hac  Con- 
gregatione  (Brothers  of  Christian  Schools)  prima  vota  emiserit, 
et  deinde  quacumque  de  causa  congregationi  valedixerit,  in  provin- 
ciarum  nostrarum  seminaria  tamquam  sacrorum  ordinum  candi- 
datum  sine  dispensatione  S.  Congregationis  admitti  posse.  Idem 
statuunt  ( Patres  huius  Concilii)  de  Fratribus  Xaverianis,  Fran- 
ciscalibus  aliisque  quibus  lege  sua  sacerdotium  ambire  vetitum 
est."  ^^     Furthermore   Leo   XIII    forbids   clerics   who  have   re- 


''  Deer.  S.  C.  de  Rel.,  Jan.  1,  1911. 
''  III  C.  of  Baltimore,  n.  99. 


IN     THEIR    EXTERNAL    RELATIONS  69 

ceived  a  dispensation  from  their  vows  to  leave  the  Congregation 
before  they  have  found  a  Bishop  to  receive  them,  and  a  canonical 
title  to  insure  the  means  of  support:  "Ex  claustro  non  exeant, 
donee  Episcopum  benevolum  receptorem  invenerint  et  de  eccle- 
siastico  patrimonio  sibi  providerint,  secus  suspensi  maneant  ab 
exercito  susceptorum  ordinum.  Quod  porrigitur  quoque  ad 
alumnos  votorum  simplicium  temporalium,  qui  quovis  professionis 
vinculo  iam  fuerint  soluti,  ob  elapsum  tempus,  quo  vota  ab  ipsis 
fuerunt  nuncupata."  -^  This  regulation  seems  to  affect  directly 
only  clerics  of  approved  Congregations  of  Simple  vows :  "Qui 
in  Sacris  Ordinibus  constituti  et  votis  simplicibus  obstricti."  The 
Holy  See,  however,  is  wont  to  extend  the  Deer.  "Auctis  ad- 
modum"  to  other  Communities  of  clerics.  When,  therefore,  ap- 
proved or  diocesan  Societies  have  received  from  the  Holy  See  a 
privileged  title  of  ordination,  their  obligations  or  laws  in  regard 
to  dismissing  clerics  must  be  sought  in  the  special  indult  rather 
than  in  the  Common  law. 

To  discourage  clerics  still  more  from  deserting  the  Religious 
life,  Pius  X  has  barred  their  way  to  any  secular  benefice,  office 
of  dignity  or  responsibility  within  the  diocese ;  viz.,  from  any 
office  or  benefice,  especially  in  Basilica  and  Cathedral  Churches, 
from  any  teaching  or  administrative  office  in  ecclesiastical  sem- 
inaries, and  also  in  universities  which  enjoy  the  Apostolic  faculty 
of  conferring  degrees,  from  any  office  in  the  Episcopal  Curia, 
and  finally  from  the  office  of  visitator  or  moderator  of  any  Re- 
ligious Society.  And  that  their  example  may  not  influence  or 
scandalize  their  quondam  co-religious,  they  may  not  fix  their 
domicile  in  places  where  the  deserted  Community  conducts  Con- 
vents or  houses.-*  These  prohibitions  extend  primarily  to  Re- 
ligious Orders  and  Congregations  of  perpetual  vows,  but  now 
also  to  all  other  Institutes,  "Si  Religiosi  votis  temporaneis,  vel 
iuramento  perseverantiae  vel  supradictis  promissionibus  per  sex 


■^  Deer.  "Auctis  admodum,"  Nov.  4,  1892. 

"'  Deer.  S.  C.  de  Rel.,  'Cum  minoris,"  June  15,  1909. 


70  RELIGIOUS     CONGREGATIONS 

integros  annos  ligati  fuerunt."  --  Diocesan  Institutes  are  not 
included  in  this  declaration  of  the  Sacred  Congregation.  They 
are  absolutely  and  exclusively  under  the  Bishop's  jurisdiction 
except  when  the  contrary  is  expressly  stated  and  therefore  he 
could  promote  ex-members  to  the  respective  positions.  The 
fact  that  the  Deer.  "Cum  minoris"  refers  only  to  voluntary  egress, 
does  not  place  a  premium  on  expulsion  and  dismissal  as  would 
seem  at  first  sight.     Severer  laws  affect  such.^^ 

Like  the  individual,  every  society  possesses  the  right  of  self- 
defense  and  self-preservation.  Therefore  it  may  repel  and  punish 
an  unjust  aggressor.  If  then  a  Religious  commits  crimes  which 
are  grievously  detrimental  to  the  moral  or  material  welfare  of 
the  Institute,  the  Congregation  must  have  the  right  not  only  to 
punish  the  criminal,  but  also  to  expel  him,  if  no  other  means  has 
served  to  effect  amendment.  In  the  case  of  diocesan  Institutes, 
this  right,  by  positive  legislation,  is  vested  in  the  Ordinary : 
"Episcopo  alumnas  sodalitatum  dioecesanarum  professas  dimit- 
tendi  potestas  est."  -*  No  explicit  reference  is  made  to  Insti- 
tutes of  men  nor  to  Societies  which  have  no  vows.  But  evidently 
as  long  as  an  Institute  is  diocesan,  the  Bishop  is  the  natural 
superior,  and  therefore  also  the  competent  judge  to  inflict  neces- 
sary punishment  on  delinquents.  With  the  approval  of  a  Con- 
gregation, however,  this  right  devolves  upon  the  Religious  su- 
perior: "Praesidum  est  .  .  .  tirones  ac  professos  dimittere, 
iis  tamen  servatis  quaecumque  ex  instituti  legibus  pontificiisque 
decretis  servari  oportet."  -^  The  sentence  of  dismissal  in  Insti- 
tutes of  women  becomes  effective  only  on  the  confirmation  of  the 
Holy  See.-^     Furthermore  the  Holy  See  does  not  wish  that  the 


"-  Declaratio  et  Extensio  decreti  "Cum  Minoris,"  April  5,  1910. 

"'  Vermeersch,  Periodica,  vol.  V,  pp.  41  sq.  and  126 ;  Capello,  o.  c,  p.  212, 
575. 

^  Const.  "Conditae  a  Christo,"  c.  1.  a.  8. 

-'  Ibidem,  c.  2,  a.  1. 

-"  Deer.  S.  C.  EE,  et  RR.  Aug.  34,  1887 ;  May  22,  1895 ;  Bastien,  o.  c,  p. 
124;  Wernz,  o.  c,  vol.  Ill,  p.  379. 


IN     THKIR     EXTERNAI.     RELATIONS  71 

superior  be  the  sole  judge  in  cases  of  dismissal.  Wherefore  the 
"Normae"  of  1901  (Art.  201)  prescribe  that  the  board  of  con- 
suitors  shall  have  a  voice  in  deciding  matters  of  such  importance. 
While  these  "Normae"  are  not  "per  se"  preceptive,  yet  they 
express  the  mind  of  the  Holy  See  and  constitute  at  least  a  directive 
norm  for  all  Religious  Institutes  which  have  not  an  explicit  norm 
laid  down  in  their  constitutions.  The  constitutions  of  each 
Society,  therefore,  form  the  law  for  each  Community. 

But  neither  the  Bishops  nor  Religious  superiors  may  act  arbi- 
trarily in  actions  of  dismissal.  They  are  bound  in  justice  and  by  pre- 
cept not  to  expel  a  member  except  for  a  just  and  proportionately 
grave  cause.-'  In  Institutes  which  have  not  the  true  Religious 
state,  i.  e.,  the  three  perpetual  vows,  the  reason  justifying  dismis- 
sal need  not  be  so  grave,  but  must  always  be  a  just  cause :  "Si 
interveniat  votum,  vel  iuramentum,  vel  promissio  perseverandi  in 
congregatione  et  congregatio  acceptet,  ejectio  sine  justa  causa 
fieri  non  potest."  -^  Ordinarily  the  constitutions  designate  the 
causes  which  entail  dismissal.  Extraordinary  cases  must  be  left 
to  the  prudent  judgment  of  the  superior. 

For  Congregations  of  perpetual  vows  and  those  of  clerics  with 
temporary  vows,  a  reform  in  the  judicial  procedure  of  expulsion 
and  dismissal  has  been  made.^^  We  say  "expulsion"  and  "dis- 
missal," for  the  terms  are  often  used  promiscuously,^^  but  in  the 
present  decree,  "Cum  singulae,"  the  former  signifies  ejection  from 
a  strict  Order,  while  the  latter  is  restricted  to  Congregations  of 
Simple  vows."^ 

According  to  the  tenor  of  the  new  decree  one  may  be  dismis.sed 
(or  expelled,   respectively)    "ipso   facto"   by  committing  certain 


"  Const.  "Emanavit,"  Jan.  21,  17.58 ;  Deer.  S.  C.  EE,  et  RR.  Nov.  4,  1892 ; 
et  Jan.  10,  1896;  et  July  4,  1898;  Wernz,  1.  c. ;  Bastien,  o.  c.,  p.  119;  Bouix, 
o.  c,  vol.  II,  p.  486  and  sq. 

'^  Bouix,  1.  c,  p.  489. 

"•Deer.  S.  C.  de  Rel.,  "Cum  singulae,"  May  16,  1911. 

'"Wernz,  o.  c,  vol.  Ill,  n.  676  in  note. 

"  Vermeersch,  Periodica,  vol.  VI,  p.  47  sq. 


12  RIXIGIOUS     CONGREGATIONS 

crimes  or  by  the  condemnatory  sentence  of  a  legitimately  con- 
stituted tribunal.  The  offenses  entailing  "ipso  jure"  dismissal 
are:  apostasy  from  Faith,  apostasy  from  the  Institute  (effective 
only  after  three  months),  elopement,  and  finally  marriage  or  at- 
tempt at  marriage.  But  even  in  these  offenses  a  declaratory 
sentence  is  required  by  the  law.  In  other  crimes  gravity  of  mat- 
ter and  malice  of  will  must  be  demonstrated  by  a  judicial  process 
before  ejection  from  the  Institute  can  be  inflicted.  The  gravity 
of  matter  must  be  adjudged  according  to  the  importance  of  the 
law  and  the  penalty  sanctioning  it  together  with  the  amount  of 
actual  injury,  whether  moral  or  material,  inflicted  on  the  Com- 
munity. 

The  court  which  sits  in  judgment,  must  consist  of  the  superior 
general  and  a  board  of  four  members.  In  case  some  Congrega- 
tion's organization  does  not  provide  an  advisory  board  for  the 
general  direction,  each  case  must  be  referred  to  the  Holy  See. 
The  decision  of  this  court  is  definitive,  yet  appeal  to  the  Holy 
See,  according  to  the  regular  Canons,  is  always  admissible,  i.  e., 
ten  days  under  ordinary  circumstances  are  allotted  to  have  re- 
course to  the  Roman  Congregations  for  Religious. 

That  the  rights  of  the  Institute  and  the  accused  be  adequately 
defended,  a  "promotor  justitiae"  and  a  "defensor  rei"  must  be 
appointed.  The  former  is  designated  by  the  Congregation,  while 
the  accused  may  choose  his  own  advocate ;  but  should  he  fail  to 
do  so,  it  devolves  upon  the  Institute  to  assign  one. 

The  mode  of  procedure  begins  with  the  local  superior-provin- 
cial, or  quasi-provincial.  Three  admonitions  and  corrections 
must  have  proven  futile,  before  a  preliminary  trial  is  instituted. 
In  this  trial  the  offense — or  better  offenses,  for  three  specifically 
different  crimes  or  their  equivalents  must  be  imputable — and 
malice  must  be  demonstrated.  The  means  of  demonstration  are 
the  ordinary  ones  of  Canon  Law,  viz.,  voluntary  confession,  two 
reliable  and  sworn  witnesses,  documents  and  other  available  aids. 

After  the  charges  have  been  duly  authenticated  and  proven,  the 
acts  of  the  preliminary  process  are  communicated  to  the  general 
direction  which  will  prepare  the  case  and  notify  the  accused  to 


IN     THEIR     EXTERNAL     RELATIONS  73 

prepare  a  defense  on  the  charges  of  the  "promotor  justitiae." 
On  the  day  designated  the  cause  will  be  adjudicated  and  decided 
according  to  the  merits  of  the  proof,  after  both  the  "promotor 
justitiae"  and  "defensor  rei"  have  been  given  ample  time  and 
opportunity  to  defend  their  causes. 

Evidently  the  Religious  cannot  be  ostracized  from  the  Society 
l)efore  a  decision  has  been  handed  down.  In  extraordinary  cases, 
however,  which  do  not  suffer  delay  on  account  of  imminent 
scandal  or  grave  loss  to  the  Institute,  the  provincial  may  proceed 
single-handed  in  applying  measures  which  will  ward  off  the 
threatened  evil  and  only  subsequently  submit  the  case  to  the 
ordinary  judicial  process. 

The  effects  accompanying  judicial  dismissal  consist  in  perpetual 
suspension  for  clerics  and  the  prohibition  to  receive  any  other 
Orders  without  the  permission  of  the  Holy  See.  All  the  dis- 
missed and  expelled  members  are  not  only  prohibited  from  affiliat- 
ing themselves  to  another  Community,  but  are  rendered  incapable 
of  making  a  valid  profession,  and  consequently  of  participating 
in  the  spiritual  favors  of  any  Religious  Community  approved  by 
the  Holy  See.  Apparently  the  censures  inflicted  by  Common 
law  upon  the  Regulars  for  the  commission  of  the  above  crimes 
which  entail  "ipso  jure"  dismissal,  are  not  by  the  new  law  ex- 
tended to  Religious  Congregations.  The  decree  mentions  spe- 
cifically only  the  suspension  and  impediment  to  enter  another  In- 
stitute,"- and  therefore  neither  abrogates  nor  extends  the  censures 
of  Common  law. 

In  case  those  dismissed  are  clerics,  the  "Ordinarius  originis  et 
Ordinarius  loci"  of  the  suspended  clerics  must  be  notified.  The 
Bishop,  however,  cannot  by  his  ordinary  power  dispense  from 
the  censure,  but  recourse  to  the  Holy  See  is  necessary. "■■■ 

These  new  regulations  do  not  appertain  to  Institutes  of  laics 
with  "temporary  vows,"  nor  to  Institutes  in  which  an  oath  or  a 


'■  Cf  r.  Wernz.  o.  c,  vol.  VI,  p.  284  sq. ;  Vermeersch,  Periodica,  vol.  VI, 
p.  47  sq. 

''Wernz,  o.  c,  vol.  VI,  p.  221;  Vermeersch,  o.  c,  vol.  VI,  p.  .')0. 


74  RfXIGIOUS     CONGREGATIONS 

mere  promise  of  perseverance  is  made.  These  are  still  governed  by 
the  general  princples  stated  above  or  by  their  special  constitutions 
approved  by  the  Holy  See.  The  Deer.  "Cum  singulae'*  evidently 
places  Institutes  of  laics  with  perpetual  vows  on  the  same  basis 
with  Institutes  of  clerics  in  regard  to  dismissing  members — one 
of  the  very  rare  instances  in  Canon  law  in  which  the  power  of 
true  jurisdiction  is  conferred  upon  laics. ^* 

For  Institutes  of  Sisters  with  perpetual  Simple  vows  the  laws 
governing  dismissal  have  received  some  modification  by  the  same 
decree,  but  are  not  identified  with  those  of  Institutes  of  men. 
The  four  offenses  entailing  "ipso  jure'"  dismissal  are  not  extended 
to  Nuns  and  Sisters.  Certainly  these  crimes  together  with  any 
grave,  external,  and  public  offenses  which  have  rendered  the 
person  incorrigible,  warrant  dismissal,  but  the  local  Ordinary 
must  verify  the  malice  and  gravity  of  the  crime  and  the  Holy 
See  must  confirm  the  sentence,  before  a  Nun  or  Sister  in  perpetual 
vows  may  be  ejected  from  the  Institute.  Only  in  cases  of  im- 
mediate danger  of  grave  scandal  or  loss  to  the  Community  may 
the  Ordinary  supply  the  Holy  See's  confirmation.  But,  subse- 
quently, the  entire  case  must  still  be  presented  to  the  S.  Congrega- 
tion for  Religious. 

The  power  of  dismissal  in  Institutes  of  women  is  naturally 
vested  in  the  superior  and  presumably  in  the  superior  general, 
although  the  law  makes  no  special  distinction.  As  in  Institutes 
of  men,  the  advisory  board  of  the  Congregation  has  a  definitive 
voice  which  must  be  expressed  by  a  secret  ballot,  before  ejection 
from  the  Institute  becomes  legal. 

Legitimate  dismissal  does  not  in  itself  dispense  from  the  vows. 
The  Const.  "Conditae  a  Christo"  reserves  the  vows  of  approved 
Institutes  to  the  Holy  See.  But  one  may  safely  presume  that  the 
Holy  See  will  grant  the  necessary  dispensation  in  conjunction  with 
the  confirmation  of  the  sentence  of  dismissal.  If  not,  the  Re- 
ligious would  owe  obedience  to  the  Ordinary. 


Vermeersch,  1.  c. 


IN     THEIR     EXTHRNAL     RELATIONS  75 

These  same  regulations  extend  likewise  to  Nuns  with  Solemn 
vows,  but  not  to  Sisters  with  only  "temporary"  Simple  vows. 
The  latter  are  still  governed  by  the  old  discipline  explained  above 
which,  after  all,  differs  little  from  the  new.  The  same,  a  fortiori, 
must  be  said  of  Institutes  without  vows  and  all  diocesan  Insti- 
tutes whether  they  make  perpetual  or  temporary  vows. 

The  entire  affair  of  both  voluntary  and  compulsory  surrender 
of  the  Religious  life  is  of  such  supreme  importance  for  the  indi- 
vidual that  ordinarily  it  should  be  considered  only  as  a  last  resort 
and  as  the  only  means  to  avoid  a  greater  evil.  The  Church 
realizes  this  more  clearly  than  any  Theologian  or  Canonist  has 
ever  been  able  to  point  out.  Wherefore  She  safeguards  the 
Religious  life  with  the  greatest  supervision  and  strives  to  remove, 
or  at  least  render  remote,  every  danger  that  threatens  it  from  the 
world  without.  She  destroys  the  hopes  and  allurements  of 
ecclesiastical  rights,  privileges,  and  honors  which  too  often  blind 
the  intellect  and  weaken  the  will  in  their  native  prerogatives  of 
rectitude  and  stability.  She,  moreover,  circumscribes  the  au- 
thority of  superiors  that  it  may  not  be  exercised  unto  destruction, 
but  edification  of  souls  destined  to  Life  Everlasting.  Thus  in 
all  things  She  shows  Herself  the  kind  Mother  in  bearing  with 
the  weaknesses  of  Her  children,  and  the  mighty  defender  of 
justice,  right,  and  authority. 


RELIGIOUS     CONGREGATIONS 


CHAPTER  VII. 


The  Relation  of  Congregations  to  the  Holy  See. 


The  supreme  authority  over  the  Religious  life  and  Religious 
Institutes  is  vested  by  divine  commission  in  the  Roman  Pontiflf. 
To  him  is  entrusted  the  direction  of  the  faithful  not  only  in  the 
way  of  precepts,  but  also  in  the  path  of  counsels.  He  can,  there- 
fore, prescribe  by  general  and  particular  laws  whatever  is  neces- 
sary or  useful  for  the  conservation  and  development  of  the 
Religious  life.  But  since  the  Religious  life  is  only  of  counsel  and 
obligatory  only  in  virtue  of  and  according  to  the  terms  of  the 
contract,  the  papal  authority  is  limited  to  the  obligation  assumed 
by  the  Religious  profession :  "Le  pouvoir  du  vSoverain  Pontife 
est  done  limite  par  les  termes  memes  du  contrat  de  profession 
qui  varie  selon  les  instituts ;  mais  ce  pouvoir  pent  s'exercer  sur 
tout  ce  que  le  religieux  a  promis,  sur  tout  ce  qui  est  necessaire 
pour  le  maintien  de  la  discipline  et  le  lien  de  I'etat  religieux,  sur 
tout  ce  qui  a  rapport  a  la  nature  ou  a  la  fin  particuliere  d'un 
institut."  1 

The  Institutes  themselves,  on  the  other  hand,  are  purely  ec- 
clesiastical corporations,  and  for  that  very  reason  the  inalienable 
right  of  .supreme  administrative  power  resides  in  the  Roman 
Pontiff.  Hence  his  absolute  control  over  them  is  limited  only 
by  natural  justice  and  equity.  The  Pope,  therefore,  may  not  only 
impose  new  obligations  on  an  Institute,  but  may  also  alter  or  dis- 
solve a  Community. 

In  our  rapid  historical  survey  of  Religious  Congregations 
above,  we  have  seen  that  the  number  of  such  Institutes  is  legion. 


Bastien,  o.  c.  p.  172. 


IN     THEIR     EXTERNAL     RELATIONS  (7 

There  can  be  no  question,  then,  that  the  Roman  Pontiff  would  as- 
sume personal  and  immediate  direction  and  government  of  them. 
It  is  well  known  that  the  Church  has  varied  Her  mode  of  gov- 
ernment throughout  the  ages  according  to  Her  development  and 
the  constantly  changing  conditions  of  society.  Hence  we  nat- 
urally expect  to  find  that  the  Holy  See  has  also  exercised  her 
supervision  and  authority  over  Religious  Institutes  in  diverse  ways 
at  different  times. 

For  many  centuries  the  Holy  See  appointed  Cardinal  Protectors 
for  each  Institute  and  bestowed  on  them  full  jurisdiction  in  all 
matters  concerning  the  individual  Religious  as  also  the  Institute. 
Thus  the  Rule  of  St.  Francis  of  Assisi  prescribes:  "Per  oboedi- 
entiam  ad  haec  injungo  ministris,  ut  petant  a  Domino  Papa 
unum  de  sanctae  Ecclesiae  Cardinalibus  qui  sit  gubernator,  pro- 
tector et  corrector  istius  fraternitatis."  Manifestly  this  includes 
true  jurisdiction  and  even  a  superior  jurisdiction  to  that  of  the 
Order's  prelates.  So  also  do  the  words  of  Sixtus  IV  confer  a 
real  power  of  jurisdiction  on  the  Cardinal  Protector  of  the  Car- 
melites:  "In  quibuscumque  causis  per  eos  (nempe  Carmelitas) 
movendis  quacumque  ratione  vel  causa  quae  excogitari  posset,  eis 
ministrent  justitiae  complementum."  -  Other  Orders  made  simi- 
lar provisions. 

Gradually,  however,  the  Holy  See  diminished  the  powers  of 
the  Cardinal  Protector  until  his  office  has  become,  according  to 
Common  law,  a  mere  honorary  one.'  The  Const,  of  Innocent 
XII  "Christi  fidelium"  (Feb.  17,  1694),  deprived  him  of  all 
jurisdiction  and  administrative  power  and  left  him  only  the  empty 
honor  of  some  formalities  when  visiting  the  Community  and  of 
having  his  coat  of  arms  over  the  portals  of  the  Institute.  But 
the  ofifice  of  mediation  between  the  Society  and  the  Holy  See 
constitutes  today  the  chief  prerogative  of  the  Cardinal  Protector. 
Ordinarily  an  Order  or  Congregation  seeks   favors  or  justice 


'Cfr.  Pellizario,  Manuale  reg.,  Tract.  8,  c.  8,  n.  161. 
'Bouix,  o.  c,  vol.  II,  p.  167  et  sq. 


78  RfXIGIOUS     CONGREGATIONS 

from  the  Holy  See  through  the  Cardinal  Protector.  Still  even 
this  is  frequently  unnecessary  on  account  of  the  superior  general 
residing  near  the  Roman  Curia.  So  in  turn  the  Holy  See  gen- 
erally entrusts  to  the  Cardinal  Protector  the  execution  of  all 
rescripts:  "Cardinalibus  Protectoribus  Ordinum  committuntur 
rescripta,  quae  universum  Ordinem  respiciunt:  alia  vero  eis  re- 
mitti  vetitum  est."  *  Furthermore  in  regard  to  the  members  of 
the  Community  Bouix  aptly  remarks :  "Ex  eo  vero  quod  Cardinalis 
Protector  jurisdictionaliter  religiosorum  causis  et  negotiis  sese 
ingerere  nequeat,  non  sequitur  non  posse  eum  in  iis  sese  im- 
miscere  quatenus  protector,  id  est,  adjutor,  amicus  et  advocatus. 
Immo  hoc  ipsius  officium  est,  praesertim  ubi  tutandi  sunt  religiosi 
ab  injuriis  et  oppressionibus.  Agit  autem  ut  protector  qui  re- 
qui situs  juvamen  praestat.  Quod  si  Cardinalis  Protector,  non 
requirentibus  aut  invitis  religionis  praelatis,  dirimenda  negotia 
sibi    arroget,    eas    inducit    perturbationes,    quas   ^ublatjas    voluit 

Innocentius  XII." 

If,  therefore,  today  the  Cardinal  Protector — for  the  practice 
of  the  Holy  See  to  appoint  Cardinal  Protectors  for  Religious 
Institutes  still  obtains — possesses  any  jurisdiction  over  Religious 
Institutes,  he  derives  it  not  from  Common  law,  but  from  a  special 
grant  of  the  Holy  See,  or  from  the  constitutions  of  the  respective 
Institute.^  Frequently  the  Holy  See  is  wont  to  bestow  special 
faculties  on  the  Cardinal  Protector  of  Communities  of  women. 
We  have  a  very  recent  incidence  of  this.  Pius  X  conferred  actual 
governing  powers  upon  the  Cardinal  Protector  of  the  Order  of 
St.  Clare :  "Ad  Proto-monasterii  gubernationem  quod  attinet, 
decernimus  ut  posthac  habeatur  tanquam  Vicarius  natus  Cardi- 
nalis Protectoris  vel  Legati,  Minister  provincialis  seraphicae 
provinciae  a  Santa  Clara,  incolumi  Ministri  generalis  iure." " 
The  Holy  Father  is  here  conferring  actual  jurisdiction,  or  rather 


*  Bizzari,  Collectanea,  p.  613. 

*  Bouix,  1.  c. ;  Wernz,  o.  c,  vol.  Ill,  n.  698 ;  Vermeersch,  de  Rel.  Inst,  vol. 
I,  p.  397. 

'Brief,  "Quamquam,"  Aug.  9,  1912. 


IN     THEIR    EXTERNAL     RELATIONS  79 

he  is  confirming  the  exemption  given  by  Leo  XIII  to  the  Mon- 
astery of  St.  Clare:  "Assissiense  monasterium  S.  Clarae  a  quavis 
jurisdictione  eximimus  .  .  .  perpetuum  in  modiim  Nostrae 
ac  sLiccessorum  Nostrorum  immediate  jurisdiction!  subiicimus. 
Huiusmodi  autem  jurisdictionem  venerabili  fratri  Nostro  .  .  . 
uti  apud  S.  Sedem  Protectori  universae  Fratrum  Minorum  S. 
Francisci  de  Observantia  famihae.  Eiusque  hoc  in  munere  Car- 
dinahbus  successoribus,  perpetuis  futuris  temporibus,  delegamiis." 
But  this  is  exceptional  in  modem  Roman  procedure. 

From  the  sixteenth  century  on,  the  Holy  See  has  been  govern- 
ing the  Religious  Institutes  through  the  Roman  Congregations. 
In  1586  Sixtus  V  reorganized  the  Roman  Curia  and  created  the 
Congregation  for  the  affairs  of  Religious:  "Congregatio  Epis- 
coporum  et  Aliorum  Praelatorum,"  and  confirmed  the  "Congrega- 
tio  super  consultationibus  Regularium."  '  The  two  Congrega- 
tions frequently  overlapped  each  other  in  their  competency, 
wherefore  the  "Congregatio  super  consultationibus  Regularium" 
was  united  with  the  one  of  Bishops  and  Regulars  in  1601. 

Innocent  X  instituted  another  Congregation  exclusively  for 
the  reform  of  Religious  Orders  in  Italy,  and  called  it  "Congre- 
gatio  super  statu  Regularium."  ^  Naturally  its  work  was  short- 
lived and  its  competency  very  limited.  This  induced  Innocent 
XII  to  create  the  "Congregatio  super  disciplina  regulari,"  and  to 
confer  upon  it  not  only  all  the  authority  of  the  former  Congre- 
gation, but  also  to  bestow  on  it  a  certain  authority  over  all  the 
Religious  Orders  and  Congregations  within  the  Church.  Ap- 
parently the  authority  of  the  new  Congregation  included  no  true 
jurisdiction,  but  rather  an  inquisitorial  and  consultative  faculty 
which  made  the  new  Congregation  a  sort  of  commission  to  sug- 
gest reforms  of  the  Religious  life  to  the  Holy  See. 

Instead  of  endowing  this  Congregation  with  the  necessary  jur- 
isdiction to  conduct  the  daily  increasing  affairs  of  Religious  in 


'  Const.  "Immensa  aeterni,"  Jan.  22,  1587 ;  "Romanus  Pontifex,"  May  17, 
1586. 
*  Const.  "Instaurandae,"  Oct.,  1652;  "Injuncti,"  April  11,  1668. 


80  RFXIC.IOUS     CONGREGATIONS 

the  nineteenth  century,  Pius  IX  formed  another  Congregation: 
"Congregatio  super  statu  Regularium  Ordinum."  ^  This  third 
division  in  the  government  of  Rehgious  Institutes  resulted  in  still 
greater  confusion.  The  competency  of  each  was  not  clearly 
defined,  nor  their  obligations  determined. 

To  this  state  of  affairs  were  added  still  more  difficulties :  First, 
by  the  fact  that  the  "Congregatio  Concilii"  interpreted  the  laws 
of  the  Council  of  Trent ;  then,  the  "Congregatio  de  Prop.  Fide" 
supplied  the  other  Congregations  in  mission  territories  and  in 
the  Oriental  Church;  and,  finally,  the  "Congregatio  pro  negotiis 
ecclesiasticis  extraordinariis"  attended  to  all  the  affairs  for  the 
Religious  in  Russia  and  South  America.  Little  wonder  then  that 
such  a  practical  Pontiff  as  Pius  X  saw  the  necessity  of  reform 
in  the  methods  of  conducting  the  administration  of  Religious. 

By  the  Const.  "S.  Congregationi"  (May  26,  1906)  Pius  X 
abolished  the  two  above-mentioned  Congregations  of  Innocent 
XII  and  Pius  IX,  and  transferred  all  matters  concerning  Religious 
to  the  one  Congregation  of  Bishops  and  Regulars.  But  with  the 
reform  of  the  entire  Roman  Curia  in  1908,  this  Congregation 
disappeared,  and  the  part  of  its  competency  appertaining  to  Re- 
ligious became  vested  in  the  new  "Congregatio  de  Sodalibus  Re- 
ligiosis":  "Ipsius  enim  est  moderari,  pro  recta  disciplina,  quidquid 
Religiosos  utriusque  sexus  attingit."  ^"^  In  the  following  words  the 
territorial  jurisdiction  of  this  Congregation  is  outlined  still  more 
explictly :  "Haec  S.  Congregatio  indicium  sibi  vindicat  de  iis 
tantum,  quae  ad  Sodales  religiosos  utriusque  sexus  tum  solem- 
nibus,  tum  simplicibus  votis  adstrictos,  et  ad  eos  qui,  quamvis  sine 
votis,  in  communi  tamen  vitam  agunt  more  Religiosorum,  itemque 
ad  Tertios  Ordines  saeculares,  in  universum  pertinent,  sive  res 
agatur  inter  religiosos  ipsos,  sive  habita  eorum  ratione  cum  aliis."  ^^ 

The  personnel  of  this  Congregation  consists  of  a  Cardinal  pre- 


'  Const.  "Ubi  primum,"  June  17,  1847. 
"  Const.  "Sapienti  consilio,"  June  29,  1908. 
'  Ibidem,  Pars  I,  Art.  5,  n.  I. 


IN     THEIR     EXTERNAI,     RELATIONS  81 

feet,  secretary,  sub-secretary,  associate  Cardinals,  consultors  and 
some  minor  officials.  In  1915  eighteen  Cardinals,  twenty-nine 
consultors  and  thirteen  minor  officials  were  enumerated  as  con- 
stituting the  entire  Congregation.^-  To  facilitate  the  handling 
of  the  great  amount  of  work  that  devolves  upon  this  Congregation, 
it  has  been  divided  into  three  divisions.  Distinct  Commissions, 
therefore,  regulate  the  affairs  of  Religious  Orders,  of  Religious 
Congregations  for  men,  and  of  Religious  Congregations  lor 
women.  Finally  a  special  Commission  for  the  approving  of 
all  New  Institutes  and  their  Constitutions,  as  was  mentioned  in 
Chapter  V,  has  been  appointed  recently.  The  first  three  Com- 
mittees, or  "Congresses,"  purpose  to  prepare  the  respective  mat- 
ter for  deliberation  in  the  entire  Congregation,  to  carry  out  the 
result  of  these  deliberations  according  to  required  fonnalities, 
and,  in  minor  affairs,  to  decide  controversies  and  grant  favors 
on  their  own  authority. ^^ 

Not  a  universal  jurisdiction,  however,  has  been  entrusted  to 
this  Congregation.  Its  competency  is  defined  in  the  terms :  "Est 
autem  tribunal  competens  in  omnibus  causis,  quae  ratione  disci- 
plinae,  sen,  ut  dici,  solet,  in  linea  disciplinari  aguntur,  religioso 
sodali  sive  convento  sive  actore  ;  ceterae  ad  Sacr.  Rom.  Rotam 
erunt  deferendae  spectantes."  ^*  As  to  questions  aft"ecting  Re- 
ligious and  Bishops,  the  Congregation  for  Religious  "ea  omnia  sibi 
moderanda  assumit,  quae  sive  inter  Episcopos  et  religiosos 
utriusque  sexus  sodales  intercedunt,  sive  inter  ipsos  religiosos."  ^-^ 
Hence  all  administrative  and  discipline  matters  are  subject  to  the 
Congregation  for  Religious,  but  judicial  affairs  to  the  Sacred 
Rota. 

In  the  new  papal  Constitution  and  its  accompanying  "Normae 
communes"   and   "Normae   peculiares,"   no   clearly   defined   dis- 


'"  "Annuario  Pontificio,"  1915. 

"  "Normae  peculiares,"  June  29,  1908. 

"  Const.  "Sapienti  consilio,"  Pars.  I,  a.  5,  n.  2. 

"  Ibidem. 


82  Rl-XIGIOUS     CONGREGATIONS 

tinction  between  disciplinary  and  judicial  procedure  is  made.^* 
Ojetti  thinks  that  all  disputes  between  a  member  and  his  Com- 
munity are  to  be  decided  "in  via  disciplinaria"  ;  while  contro- 
versies arising  between  diilerent  Institutes  or  between  Institutes 
and  Bishops  must  be  treated  "per  modum  iudicii,"  and  therefore 
by  the  Sacred  Rota.'"  The  latter  supposition  has  been  verified 
in  a  case  in  190!).^-  But  by  the  Deer.  "Cum  singulae"  (May  IG, 
1011),  the  "Congregation  for  Religious"  has  also  received  a  true 
judicial  jurisdiction,  in  as  far  as  it  has  been  constituted  the  com- 
petent tribunal  for  receiving  and  deciding  the  appeals  in  all 
cases  of  expulsion  and  dismissal  of  Religious.  Then  by  a  late 
decision  the  S.  Consistorial  Congregation  determined  that  not  the 
Congregation  for  Relgious,  but  the  "Congregatio  Concilii"  pos- 
sesses the  competency  of  awarding  secular  parishes  to  Religious. ^^ 
Finally  a  certain  jurisdiction  over  Religious  is  proper  to  the  new 
"Congregatio  de  Seminariis  et  de  Studiorum  Universitatibus" ;  in 
those  cases,  viz.,  where  Religious  conduct  Seminaries  or  Univer- 
sities. In  all  matters  appertaining  to  these  institutes  of  learning 
the  new  Congregation  oversees  and  directs,  "etiamsi  regantur  a 
religiosis  Sodalibus."  -^ 

Reference  has  already  been  made  to  the  limitation  placed  upon 
the  jurisdiction  of  the  Congregation  for  Religious  in  mission 
territories.  We  merely  repeat  them :  "Quod  vero  spectat  ad 
Sodales  religiosos,  eadem  Congregatio  (/.  e.,  Congr.  de  Prop. 
Fide)  sibi  vindicat  quidquid  Religiosos  qua  Missionarios,  sive  ut 
singulos,  sive  simul  sumptos  tangit."'  -^ 

The  principal  method  employed  by  the  Holy  See  to  insure 
prudent  administration  and  legislation  for  Religious  Institutes 
by  the  Sacred  Congregation,  is  the  triennial  report   from  each 


''Ojetti,  "De  Romano  Curia,"  p.  100  et  sq. 
"  Ibidem,  p.  106. 

"  S.  Rota,  Decis.,  in   Pharen.   lurium  et   Poenorum,"  July  29,   1909. 
''  Deer.  S.  C.  C,  July  5,  1915. 
"  "Motu  proprio,"  Nov.  5,  1915. 
"  Const.  "Sapienti  consilio,"  part  I,  art.  6,  n.  5. 


IN     THEIR     EXTERNAL     RELATIONS  83 

Institute.  Formerly  the  Holy  See  was  accustomed  to  insist  on 
this  in  the  particular  indults  of  approval,  but  since  1906  it  has 
become  an  obligation  of  Common  law.  The  details  of  this  report 
have  been  completely  outlined  and  prescribed  in  ninety-eight 
questions:  "Modus  et  ratio  conficiendi  relationem  omnibus  et 
singulis,  ad  quos  spectat,  communi  lege  praescribatur.""  This 
account  together  with  the  detailed  report  of  Ordinaries  exacted 
upon  their  "ad  limina"  visit,  ordinarily  afifords  the  basis  for  Pon- 
tifical direction  of  and  legislation  for  Religious  Institutes. 

Sometime,  however,  it  may  happen  that  the  Roman  ordinances 
are  not  brought  to  the  knowledge  of  some  Religious  Institutes, 
or  they  may  be  disregarded  at  times.  Wherefore  the  Ordinaries 
are  made  responsible  for  the  due  promulgation  and  observance 
of  Roman  decrees  for  Religious:  "Haec  igitur  S.  Congregatio 
Negotiis  Religiosorum  Sodalium  praeposita,  summopere  com- 
mendat  Reverendissimis  locorum  Ordinariis  eorumqe  delegatis  seu 
deputatis  ad  Monasteria,  praesertim  Monialium,  quae  domum  sui 
iuris  constituunt,  nee  generalem  Superiorissam  habent,  ut  noti- 
tiam  decretorum,  etiam  in  posterum  edendorum,  quae  vitam  re- 
ligiosam  respiciunt,  efficaciter  evulgent  inter  Religiosas  Familias 
et  Instituta  quoque  dioecesana,  ad  abusus,  si  qui  irrepserint,  tol- 
lendos  ad  bonum  largius  difTundendum  et  uniformitatem  in  rerum 
canonicarum  observantia  ubique  obtinendam."  -"  The  mind  of 
the  Holy  See.  therefore,  is  that  even  diocesan  Institutes  be  di- 
rected by  the  regulations  for  approved  Institutes,  not  indeed  in 
the  sense  that  they  always  constitute  strict  laws  for  diocesan 
Congregations,  but  that  the  Ordinaries  at  least  endeavor  to  con- 
form diocesan  Institutes  as  much  as  possible  to  the  government 
of  approved  Communities.  But  above  all,  the  Holy  See  insists 
that  the  Ordinaries  supervise  the  reception  and  observance  of 
pontifical  laws  by  approved  Institutes  although  they  be  exempted. 
What  has  here  been  said  of  general  laws  and  prescriptions, 
holds  also  to  a  great  extent  for  rescripts.     In  many  instances 


"Deer.  S.  C.  de  Rel.,  July  16,  1906. 
"  Deer.  S.  C.  de  Rel.,  July  3,  1910. 


84  RliLIGIOUS     CONGREGATIONS 

the  Holy  See  is  want  to  transmit  and  execute  also  its  particular 
orders  through  the  Bishop:  "S.  C.  solet  in  Executores  deputare 
Episcopos,  et  Ordinarios  Nullius  etiam  in  rescriptis  pro  Regu- 
laribus,  si  agatur  de  clausura,  de  alienationibus,  de  saeculariza- 
tionibus  religiosorum,  de  erectione  novorum  conventuum  ac  In- 
stitutorum  et  quoad  Moniales  in  omnibus  rescriptis.  Si  vero 
agatur  de  negotiis,  executionem  committere  Superioribus  regu- 
laribus.  nempe  vel  Generali,  vel  provinciali  vel  abbati  monasterii 
prout  rei  adiuncta  exigunt."  -*  If  this  is  the  practice  of  the  Holy 
See  in  regard  to  Regulars,  we  can  safely  suppose  that  the  same 
custom  prevails  in  favor  of  Congregations. 

In  the  following  pages  it  will  appear  more  in  detail  that  the 
Ordinaries  possess  a  far  greater  authority  over  Religious  Con- 
gregations than  merely  that  of  promulgating  and  executing  Roman 
decrees.  For  Regular  Orders  this  suffices,  because  they  are 
entirely  exempted  from  the  Ordinary's  jurisdiction  and  are  placed 
directly  under  the  exclusive  jurisdiction  of  the  Holy  See.  This 
is  not  the  case  in  Congregations.  The  Holy  See,  indeed,  assumes 
the  direct  and  immediate  government  of  approved  Institutes 
in  the  manner  explained,  but  at  the  same  time  it  preserves  as 
much  of  the  ordinary  Episcopal  authority  as  is  compatible  with 
the  nature  of  these  Communities.  But  this  will  be  developed  in 
the  subsequent  chapter. 


Bizzarri,  Collectanea,  p.  613. 


IN     THEIR     EXTERNAL     RELATIONS  85 


CHAPTER  VIII. 


The  Relation  of  Congregations  to  the  Ordinary. 


A  threefold  standard  must  be  considered  in  determining  the 
relation  of  Religious  Institutes  to  the  local  Ordinary.  By  "Ordi- 
nary" in  the  present  chapter  is  understood  the  Bishop,  Abbas 
Nullius,  Vicar  Apostolic  and  Prefect  Apostolic ;  for  the  relation 
of  each  to  Religious  Congregations  within  their  jurisdiction, 
"ceteris  paribus,"  is  identical.^  The  triple  standard  arises  from 
the  canonical  status  of  an  Institute  as  diocesan,  inter-diocesan, 
or  as  an  approved  Congregation. 

The  general  laws  regarding  the  Ordinary's  jurisdiction  over 
the  respective  Communities  within  his  diocese  are  clearly  laid 
down  in  Canon  law.  As  to  diocesan  Institutes,  the  Const.  "Con- 
ditae  a  Christo"  states :  "Eae  una  inductae  sunt  atque  vigent 
Antistitum  sacrorum  auctoritate."  No  less  clear  is  the  decree 
"Dei  providentis"  in  regard  lo  inter-diocesan  Congregations: 
"Instituta  sodalitas,  quamvis  decursu  temporis  in  plures  dioecesas 
diffusa,  usque  tamen,  dum  pontificiae  approbationis  aut  laudis 
testimonio  caruerit,  Ordinariorum  jurisdictioni  subjaceat." 
With  pontifical  approval,  however,  an  Institute  is  placed  "sub 
regimine  Moderatoris  generalis,  salva  Ordinariorum  jurisdictione 
ad  formam  S.  Canonum  et  Apostolicarum  Constitutionum."  ^ 
The  limitations  this  approval  puts  on  the  powers  of  the  Ordinaries 
must  be  collected  "ex  ipsa  decernendi  ratione  Sedi  Apostolicae 
consueta  in  eiusmodi  consociationibus  approbandis."  *  Hence 
the  general  principle  as  to  all  Religious  Congregations  is  this: 


'  Vermeersch,  Periodica,  vol.  VII,  pp.  20-43. 
^  Deer.  c..  n.  5;  III  C.  Baltimore,  n.  93. 
^  Const.  "Conditae  a  Christo,"  in  the  introduction. 
*  Ibidem. 


86  RELIGIOUS     CONGREGATIONS 

The  Ordinary  possesses  full  jurisdiction  over  them  in  both  the  in- 
ternal and  external  forum  except  in  those  matters  expressly  ex- 
empted by  the  Holy  See. 

No  one  doubts  that  the  Ordinary  may  confer  jurisdiction  on 
clerics  of  Religious  Institutes,  for,  "potest  quis  per  alium,  quod 
potest  facere  per  seipsum."  ^  We  say  "clerics,"  because  the 
Sacred  Canons  prescribe,  "ut  laici  ecclesiastica  negotia  tractare 
non  praesumant."  ®  But  the  Ordinary  possesses  no  powers  con- 
trary to  the  Common  law. 

The  same  jurisdiction,  however,  may  also  be  conferred  by 
custom.  This  is  an  accepted  principle  of  ecclesiastical  law. 
Authors  dispute  as  to  the  length  of  time  required  for  a  legiti- 
mate custom  to  confer  jurisdiction,  but  it  is  a  probable  opinion 
that  ten  years  suffice."  Hence  some  Religious  Societies  may 
readily  have  acquired  a  certain  exemption  from  episcopal  juris- 
diction in  virtue  of  custom. 

This  power  of  Ordinaries  and  custom  is  invoked  especially 
when  determining  Religious  Communities'  exemption  from 
parochial  obligations.  Some  authors  are  reluctant  to  restrict  the 
pastor's  ordinary  rights,  but  Wernz  says:  "Non  solum  indulto 
apostolico  et  legitima  consuetudine,  sed  etiam  statuto  Episcopo 
fieri  potest,  ut  communitas  quaedam  religiosa  vel  conservatorium 
vel  convictus  vel  similia  instituta,  licet  intra  parochiam  maneant, 
a  cura  ordinaria  parochi  eximantur  et  proprio  capellano  subii- 
ciantur."  ^  Canonists  in  general  hold  that  Religious  Congrega- 
tions are  exempt  by  custom  from  the  jurisdiction  of  the  pastor 
in  whose  parish  they  are  situated.^ 

The  Holy  See,  however,  may  certainly  exempt  Institutes  from 
the  jurisdiction  of  both  Bishop  and  pastor  and  confer  on  them 
all  the  necessary  powers  for  an  independent  government.     As  to 


°  Regula  Juris,  68  in  6°. 

'Cap.  2,  De  judicibus,  X,  lib.  II. 

'  Vermeersch,  o.  c,  vol.  VII,  p.  (28). 

*0.  c,  vol.  II,  n.  828. 

•  Bastien,  o.  c,  n.  353  and  406 ;  Bouix,  De  Reg.,  vol.  II,  p.  349. 


IN     THHIR     EXTERNAL     RELATIONS  87 

Institutes  of  clerics  no  difficulty  presents  itself.  But  Institutes 
of  laics  may  also  receive  a  limited  jurisdiction  from  the  Holy 
See,  notwithstanding  the  general  Canons  to  the  contrary.  In 
fact,  as  we  saw  in  the  sixth  chapter,  this  is  verified  in  the  case  of 
judicial  expulsion  and  dismissal.  Some  apparent  difificulties, 
however,  arise  in  Institutes  of  women.  Bargilliat  says :  "Neque 
femina  capax  est  jurisdictionis,  saltem  de  jure  ecclesiastico."  ^"' 
And  St.  Thomas  declares :  "Feminam  non  posse  habere  aliquam 
jurisdictionem  spiritualem."  ^^  But  Benedict  XIV,  when  out- 
lining the  status  of  the  Anglican  Sisters,  draws  attention  to  the 
fact  that  "nee  agitur  de  tali  superiorissa  generali,  quae  amplam 
quandam  jurisdictionem  in  subditas  exercere,  ipsaque  ab  ordinaria 
Episcopi  auctoritate  exempta  esse  debeat."  i-  The  Pope,  there- 
fore, supposes  that  jurisdiction  is  vested  in  some  feminine  su- 
periors. Hence  Bouix's  conclusion  on  this  point  in  regard  to 
Abbesses  may  also  be  applied  to  superiors  of  Congregations : 
"Si  quando  abbattissa  aliqua  jurisdictionem  habuerit,  id  non  juri 
communi  tribuendum  est,  sed  pontificio  privilegio."  ^^ 

The  powers  of  Ordinaries  may  be  restricted  even  over  diocesan 
Congregations.  Vermeersch  thinks  that  the  pontifical  laws  of 
alienation  of  ecclesiastical  property,  prohibit  the  Bishop  from 
dissolving  a  diocesan  Institute :  "Gravem  tantum  ob  causam  potest 
extinguere  Institutum  vel  tollere  domum.  Immo,  ob  vetitam 
alienationem  bonorum  ecclesiasticorum,  vix  id  fieri  poterit  sine 
S.  Sedis  interventu."  ^^  He  confirms  his  opinion  by  the  enact- 
ment of  the  Latin-American  Council  (n.  322),  held  in  lb99, 
which  forbids  Bishops  to  dissolve  any  Religious  Community  with- 
out the  consent  of  the  Holy  See.  This  reasoning  is  strengthened 
by  the  Deer.  "Dei  providentis"  (n.  3)  which  prohibits  Bishops 
from  changing  anything  upon  which  the  Holy   See  has  passed 


"*  Praelectiones  J.  C,  n.  209. 

"  In  Bouix,  o.  c,  p.  425. 

'"Const.    "Quamvis  justo,"   April   30,    1T49. 

''L-  c,  p.  425. 

''  De  Rel.  Inst,  et  Pers.,  Vol.  I,  n.  3S6. 


88  RELIGIOUS     CONGREGATIONS 

Judgment.  But  in  spite  of  all  this,  the  Const.  "Conditae  a  Christo" 
states:  "Semel  approbatae  sodalitates  (by  the  Bishop)  ne  ex- 
tinguantur  nisi  gravibus  de  causis,  et  consentientibus  Episcopis, 
quorum  in  ditione  fuerint."  (c.  1.,  art.  6.)  Apparently,  ''positis 
ponendis,"  this  supposes  the  right  of  abolishing  an  Institute  when 
spread  into  different  dioceses.  Why,  then,  a  Bishop  should  pos- 
sess a  lesser  power  towards  purely  diocesan  Societies  is  difficult 
to  see. 

A  definite  limitation,  however,  is  placed  upon  the  powers  of 
each  Ordinary,  when  an  Institute  extends  over  several  dioceses. 
No  Community  may  establish  houses  in  another  diocese  without 
the  consent  of  the  respective  Bishops.^^  But  when  the  Ordinaries 
"a  quo  et  ad  quem"  have  given  this  consent  "nihil  de  ipsius  natura 
et  legibus  mutari  liceat,  nisi  singulorum  Episcoporum  consensu, 
quorum  in  dioecesibus  aedes  habeat."  ^"^  For  the  Institutes  in 
the  United  States,  the  Council  of  Baltimore  adds  :  "Hae  communi- 
tates  filiales,  ipsius  conventionis  vi,  quoad  internum  regimen  et 
administrationem  maneant  sub  oboedientia  superioris  vel  superi- 
orissae  conventus  primarii."  ^" 

Besides  Hmiting  the  Bishop's  power  in  diocesan  Institutes, 
the  Holy  See  has  enjoined  several  positive  duties  towards  them. 
The  one  respecting  the  reception  of  members  has  already  been 
referred  to.  Then,  he  is  obliged  to  preside  over  the  election  of 
superiors  in  Communities  of  Sisters^ «  and  promulgate  all  decrees 
regarding  Religious  Communities  as  was  also  stated  before. 

The  partial  exemption,  however,  from  Episcopal  jurisdiction 
which  approved  Institutes  enjoy  by  a  special  grant  of  the  Holy 
Sec,  is  common  to  all  Religious  Congregations  of  Simple  vows, 
but  it  refers  exclusively  to  the  internal  administration  and  gov- 
ernment: "Certam  aliquam  Congregationem  approbari  .  .  . 
sub  regimine   Moderatoris  generalis,   salva   Ordinariorum   juris- 


^'  Const.  "Conditae  a  Christo,"  c.  1,  n.  4. 
'"  Ibidem,  n.  5. 
"Ill,  C.  Bait.,  n..  93. 
*  Const.  "Conditae  a  Christo."  c.  1,  n.  9. 


IN     THEIR     EXTERNAL     RELATIONS 


89 


dictione  ad  formam  S.  Canonum  et  Apost.  Constitutionum."  ^^ 
The  main  relations,  both  temporal  or  spiritual,  of  an  approved 
Institute  with  the  outer  world  are  strictly  regulated  by  the  Holy 
See  and  in  many  instances  are  subject  to  the  local  Ordinary. 

Thus,  in  the  first  place,  may  be  mentioned  the  right  of  Ordi- 
naries to  permit  or  prohibit  the  establishment  of  a  new  Religious 
house,  Church,  or  Oratory.-^'  Evidently  a  permission  once  granted 
and  acted  upon,  begets  rights  in  justice  which  no  Bishop  may 
violate  with  impunity.  In  case  the  Community  wishes  to  con- 
tinue its  residence  in  the  diocese,  the  Bishop  would  ordinarily 
be  obliged  to  appeal  to  the  Holy  See  before  he  could  expel  a 
Congregation  from  his  diocese.  Strict  justice  would  seem  to 
dictate  this.  The  same  may  be  deduced  from  a  parallel  case  in 
Bouix  (De  jure  Reg.,  Vol.  II,  p.  357  ss.). 

Again  by  the  general  Canons  the  Church  forbids  the  alienation 
of  ecclesiastical  property  ("res  immobles  vel  mobiles  pretiosae") 
without  the  consent  of  the  Holy  See.^^  This  law  afifects  also 
Religious  Congregations,"  and  binds  them  under  censure  of  ex- 
communication (latae  sententiae).-^  Where  Bishops  have  special 
faculties  to  dispense  from  this  law,  they  may  likewise  use  them 
in  favor  of  Religious  Institutes.^*  The  common  opinion,  how- 
ever, of  Canonists  maintains  that  no  valid  custom  can  arise  in 
prejudice  to  this  law  of  alienation  of  property.-^  The  chief  rea- 
son for  this  opinion  seems  to  be  the  clause  "non  obstantibus  con- 
suetudinibus  etiam  immemorabilibus."  But  the  same  clause  has 
been  affixed  to  other  laws  and  also  to  the  various  decrees  of  the 
C.  of  Trent,  yet,  in  spite  of  it,  some  of  the  Tridentine  regulations 


'*  Ibidem.  Introduction  and  c.  II.  n.  1. 

-""'Conditae  a  Christo,"  c.  II,  n.  3. 

"  C.  5,  tit.  1.3.  X,  lib.  Ill ;  et  eod.  1.  in  6° ;  Const.  "Ambitiosae,"  1468. 
(c.  un.  tit.  4,  lib.  Ill  in  Extrar.  comm.). 

'^'Litterae  S.  C.  de  Prop.  Fide,  to  Archp.  of  Milwaukee,  Jan.  15,  1903. 

"'  Con.st.  "Ap.  Sedis,"  ser.  4,  n.  3. 

"  In  same  letter  to  Archp.  of  Milwaukee. 

"Ojetti,  o.  c,  n.  295  sq. ;  Bastien,  o.  c,  p.  319;  Wernz,  o.  c.  vol.  Ill,  n. 
160;  Danniljale,  "Summ.  Theol,"  vol.  III.  p.  SO. 


90  RELIGIOUS     CONGREGATIONS 

have  passed  into  desuetude.  Hence  the  great  Canonist  Bouix 
felt  constrained  to  say,  "Non  video  cur  consuetudo  haec  pro 
legitima  non  haberetur."  -® 

Closely  akin  to  the  law  of  alienation  of  ecclesiastical  property, 
and  subject  to  the  same  penalties,  are  the  late  regulations  for- 
bidding Religious  Institutes  to  contract  any  debts  or  assume  any 
economic  obligation  which  exceeds  $2,000.00  (10,000  libellae) 
without  the  special  consent  of  the  Holy  See.-'  Through  the 
Apostolic  Delegate  at  Washington,  D.  C,  the  Holy  See  has  granted 
an  extension  of  this  maximum  sum  to  Communities  in  the  United 
States  provided  they  obtain  this  faculty  from  their  respective 
Bishop:  "I,  therefore,  (the  Apostolic  Delegate)  in  virtue  of 
the  said  rescript,  hereby  authorize,  for  a  period  of  ten  years, 
the  Ordinaries  of  the  dioceses  of  the  United  States,  "onerata 
tamen  eorum  conscientia,"  to  permit  the  Religious  Communities 
of  their  respective  dioceses  to  contract  debts  up  to  the  sum  of 
50,000  francs  ($10,000)  without  having  recourse  to  the  Holy 
See.  It  is,  however,  to  be  understood  that  all  other  provisions 
of  the  above  decree  remain  in  force."  -^  We  can  hardly  sup- 
pose that  the  Holy  See  intends  to  inconvenience  Communities  to 
such  an  extent  that  they  must  recur  to  Rome  for  permission  in 
order  to  contract  ordinary  debts  which  the  Institute's  normal  in- 
come during  the  year  can  readily  meet.  For  the  decree  purposes 
to  check  the  growing  abuses  "aeris  alieni  inconsulto  et  intemper- 
ate suscipiendi."  -"  Then,  too,  debts  may  be  more  than  counter- 
balanced by  an  Institute's  credits  which  are  at  its  free  disposal. 
Thus  Vernieersch  interprets  article  HI:  "Ut  non  consideranda 
dicamus  nisi  debita  quae  superent  pecunias  et  titulos  semper  com- 
mutabiles  quae  in  libera  sint  monasterii  possessione  (exclusis 
proinde     "capitalibus"     et    monialium     dotibus).     Hac     ratione, 


^'De  jure  Rel.,  vol.  2.  p.  302. 

"  Instructio  S.  C.  de  Rel.,  "Inter  ea,"  July  30.  1909. 
"Eccl.  Review,  p.  93.  Nov.,  1915. 
^  Instructio,  "Interea,"  cit.     Periodica,  vol.  V,  p.  15. 
"*  Periodica,  vol.  V,  p.  15. 


IN     THEIR     EXTERNAL     RELATIONS  91 

monasteriiim  quod  habeat  10,000  fr.  sed  liberas  habeat  pecunias 
15,000  fr.  nullo  debito  oneratum  censeatur."  ^" 

Another  privilege  and  custom  which  is  subject  to  great  abuses 
among  ReHgious,  and,  therefore,  strictly  regulated  by  ecclesiasti- 
cal law,  is  the  collecting  of  alms.  In  this  matter  the  Council  of 
Trent  subjects  Religious  to  the  authority  of  Bishops :  "Quibus 
(Episcopis)  etiam  eleemosynas  atque  oblata  sibi  caritatis  subsidia, 
nulla  prorsus  mercede  accepta,  fideliter  colligendi  facultas  datur, 
ut  tandem  coelestes  hos  ecclesiae  thesauros  non  ad  quaestum,  sed 
ad  pietatem  exerceri  omnes  vere  intelligant."  ^^  The  Tridentine 
law  for  Regulars  has  been  extended  to  all  Religious,  and  in  the 
case  of  approved  Societies  the  further  obligation  of  obtaining 
the  explicit  permission  of  the  Holy  See  has  been  added.^-  But 
pontifical  Institutes  as  well  as  diocesan  are  required  to  have  the 
permission  of  the  local  Ordinary  before  they  may  collect  alms 
from  the  faithful  even  when  this  is  their  ordinary  means  of 
sustenance.  The  mere  fact  that  an  approved  Institute  has  re- 
ceived permission  from  the  Apostolic  See,  either  in  the  approved 
Constitutions  or  by  a  special  concession,  does  not  exempt  it  from 
the  jurisdiction  of  the  Ordinary  in  this  matter ;  "Religiosi  .  .  . 
Congregationum  juris  Pontificii,  qui  privilegium  quaeritandi 
eleemosynas  neque  vi  propriarum  Constitutionum  a  S.  Sede  ap- 
probatarum  neque  vi  Apostolicae  concessionis  guadent,  veniam 
Apostolicae  Sedis  impetrare  debent,  ut  quaestuationes  instituere 
valeant ;  praeterea  licentiam  per  suos  Superiores  ab  Ordinario 
loci  obtinere  tenentur."  ^^  The  same  decrees  lay  down  specific 
directions  for  the  proper  regulation  of  all  alms-collecting. 
These  specifications  do  not  include  Mendicant  Orders. 

If  the  Church  has  prescribed  so  minutely  these  outer  relations 
of    Congregations   in   material   things,   the    conclusion    lies    very 


*°  Ibidem. 
'"  Sess.  21,  c.  9. 

''Deer.   S.  C.  EE  et  RR,   "Singulari  quidem,"   March  27,   1896;   Deer. 
S.  C.  de  Rel.,  "De  eleemosynis,"  Nov.  21,  1908. 
"  Deer.  De  eleemosynis,  c.  II,  n.  I. 


92  RELIGIOUS     CONGREGATIONS 

near  that  She  has  not  been  remiss  in  tracing  even  with  a  much 
greater  soHcitude  and  exactness  the  relations  in  things  spiritual 
or  quasi-spiritual  on  the  part  of  both  Bishop  and  Congrega- 
tions. Thus  the  Bishop  is  obliged  to  seek  the  consent  of  the 
Holy  See  and  observe  the  formalities  of  Canon  law  in  order 
to  transfer  the  government  of  a  diocesan  seminary  or  give  a 
parish  permanently  to  a  Religious  Congregation:  "Imo  ne  re- 
ligiosis  quidem  congregationum  votorum  simplicium,  nisi  ha- 
beant  speciale  privilegium,  potest  episcopus  sine  licentia  sedis 
apostolicae  seminaria  regenda  tradere."  ^*  As  to  parishes,  the 
general  law  of  alienation  of  ecclesiastical  property  would  already 
forbid  this,  even  if  there  were  no  other  regulations.  But  the 
Council  of  Baltimore  states  explicitly:  "Consultorum  item  re- 
quiretur  consilium,  quando  id  agitur,  ut  missio  seu  parochia 
tradatur  alicui  familiae  religiosae ;  cjuo  in  casu  necessaria  erit 
etiam  venia  S.  Sedis."  "^  Bishops,  however,  possess  full  power 
for  sufficient  reasons  to  divide  parishes  that  belong  to  Religious 
and  award  the  new  parishes  to  secular  priests.^*'  Some  authors 
would  impose  the  duty  of  seeking  the  Chapter's  consent  also  for 
the  division  of  a  parish,  but  since  Bishops  possess  this  power 
not  only  in  virtue  of  their  ordinary  jurisdiction,  but  also  by  a 
pontifical  grant,  it  seems  that  they  can  proceed  without  the  con- 
sent of  the  Chapter  or  of  the  consultors  in  Mission  countries.^'' 
Canonists  generally  admit  that  a  legitimate  custom  contrary  to 
the  law  requiring  the  "Beneplacitum  Apostolicum"  for  these 
transfers  is  quite  valid.  Bouix  justifies  such  a  custom  for 
France.^^  But  where  the  permission  of  Rome  must  be  sought, 
the  S.  C.  Concilii,  as  mentioned  above,  has  the  power  to  confer  it, 
while  the  S.  C.  de  Rel.  grants  the  necessary  faculties  to  the  Re- 
ligious in  case  their  Constitutions  prohibit  parochial  work. 


"  Ojetti,  o.  c,  n.  3419;  Bargilliat,  o.  c,  n.  267 ;  Bouix,  o.  c,  vol.  II,  p.  357. 
'  III  C.  of  Bait.,  n.  20. 
^'Ojetti,  o.  c,  nn.  3022,  3028. 
"Ojetti,  o.  c,  n.  3026. 
^' De  jure  Rel.,  Vol.  II,  p.  357;  Vermeersch,  Periodica,  Vol.  II,  p.  4  sq. 


IN     THEIR     EXTERNAL     RELATIONS  93 

This  does  not  imply  that  the  law  forbidding  Regulars  to  as- 
sume diocesan  offices  is  extended  also  to  Religious  of  Congre- 
gations. On  the  contrary,  they  are  free,  with  the  consent  of 
their  superiors,  to  take  charge  not  only  of  parishes,  but  of  any 
diocesan  office  provided  their  Constitutions  do  not  prohibit  it. 
In  this  latter  case  recourse  to  the  Holy  See  would  be  necessary.^^ 

In  regard  to  the  office  of  preaching  within  diocesan  parishes 
some  special  observations  are  necessary.  Not  only  by  divine 
command,  but  also  by  the  explicit  Canons  of  the  Church,  is  the 
office  of  preaching  the  Word  of  God  committed  to  the  Bishops. 
If  a  Religious  or  Secular  is  to  announce  the  Divine  Message, 
he  can  do  so  only  with  a  commission  from  the  local  Ordinary.**^ 
Regulars  strictly  so  called  must  seek  the  Bishop's  permission  to 
preach  outside  of  their  own  Church.*^  How  much  more  then  does 
this  become  a  duty  of  the  members  of  Religious  Congregations! 
For  announcing  the  Word  of  God  in  Religious  houses  of  Com- 
munities, the  papal  Constitution  says  (Conditae  a  Christo,  c.  II, 
a.  8)  ;  "Horum  (Episcopi)  erit  sacerdotes  ipsos  et  a  sacris  desig- 
nare  et  a  concionibus  probare."  Evidently  this  appertains  chiefl}'- 
and  directly  to  Institutes  of  women  and  of  lay  Brothers,  for  in 
Institutes  of  clerics,  the  general  faculties  granted  to  their  priests 
would  include  also  the  right  and  in  fact  the  duty  of  preaching 
the  Gospel  to  the  inmates. 

But  more  than  a  mere  permission  to  preach  is  demanded  by 
later  legislation.  Pius  X  prescribed  that  "iusiurandum  praestare 
debent  Religiosi  qui  .  .  .  sacris  concionibus  habendis  des- 
tinantur  coram  eo  a  quo  approbationem  .  .  .  obtinent."  ^- 
This  oath  refers  to  Modernism.  By  a  still  later  decree  the  Holy 
See  requires  that  no  Bishop  may  approve  or  permit  a  Religious 
to  preach  within  his  diocese  unless  he  present  testimonials  in 


Bouix,  1.  c. 

'  C.  15,  tit.  31.  X.  lib.,  I ;  C.    Thent,  Sess.,  5,  c.  2, 
C.  Trent,  I.  c. 
Const.,  "S.  Antistitum,"  Sept.  1,  1910;  Deer.  S.  C.  C,  Dec.  17,  1910. 


94  RKI.IG10US     CONGREGATIONS 

regard  to  his  standing  and  ability  from  his  superior.*"  Should 
any  Bishop  ever  have  forbidden  a  particular  Religious  to  preach 
within  his  diocese,  the  superior  is  obliged  to  make  mention  of  the 
fact  in  the  testimonials.**  Furthermore  pastors  are  cautioned  not 
to  invite  such  a  one  into  their  parish. ^^ 

It  may  be  questioned  whether  the  Ordinaries'  jurisdiction  over 
all  Religious  extends  also  to  the  power  of  compelling  them  to 
partake  in  diocesan  processions.  The  Council  of  Trent  and  later 
decrees  from  Rome  assert  this  right  for  Bishops  over  Regulars,*" 
but  in  regard  to  other  associations  Ojetti  says:  "Compelli  non 
possunt  ad  interveniendum  processionibus  associationes  aliae  re- 
ligiosae  ;  sed  haec  quoque,  si  velint,  etsi  non  sint  stricte  confra- 
ternitates  locum  in  ipsis  habent."  *^  Bastien,  however,  claims  that 
Bishops  can  compel  members  of  Religious  Congregations  to  par- 
take in  diocesan  processions,  even  by  inflicting  ecclesiastical  cen- 
sure.^^  Perhaps  the  golden  mean  lies  nearer  the  truth,  viz.,  in 
cases  vdiere  Religious  hold  parochial  or  diocesan  offices,  they  are 
at  the  bidding  of  Bishops.*^ 

Truly  the  Ordinary's  powers  over  Religious  embraces  the  right 
to  inflict  censures:  "In  foro  autem  externo,  eidem  (Episcopo) 
subsunt  quod  spectat  ad  censuras,"  but  the  Apostolic  Constitution 
immediately  adds,  "quas  Antistites  sacrorum  fidelibus  siiis  im- 
pertire  queant."  ''*'  This  faculty  hardly  proves  that  Bishops  can 
force  Religious  to  take  part  in  processions.  In  fact  Rome  has 
repeatedly  answered  that  Ordinaries  overstep  their  powers  when 
they  attempt  to  compel  even  secular  clerics  who  possess  no  benefice 
or  Religious  Confraternities  to  participate  in  processions. °^ 


''Eadetn  decl.,  Dec.  17.  1910;  et  Responsio  S.  C.  C,  Sept.  25,  1910. 

*'  Ibid. 

''  Ibid. 

''  Sess.  25,  c.  13 ;  Deer  S.  C.  EE  et  RR.,  Dec.  12,  1902. 

"  O.  c,  n.  3298 ;  Mon.  Eccl.,  vol.  IX,  pp.  2,  116. 

''O.  c,  n.  410  sq. 

"  Ibid. 

'"  Const.  "Conditae  a  Christo,"  c.  II,  a.  5. 

"  Ojetti,  I.  c. 


IN     THKIK     K.NTKRNAL     RELATIONS  95 

Within  the  Congregation  itself,  however,  the  Bishop's  authority 
is  supreme  and  unrestricted  in  all  things  appertaining  to  Divine 
Worship,  to  conscience  and  to  the  administration  of  the  Sacra- 
ments. Clearly  and  emphatically  are  enumerated  the  rights  of  the 
Bishop  over  places  of  Divine  Worship :  "Episcoporum  sunt  iura 
in  dioecesi  cuiusque  sua  .  .  .  nova  ab  illis  tenipla  excitari, 
oratoria  seu  publica  seu  semipublica  aperiri."  •'-  Leo  XIII  classed 
all  those  oratories  as  semi-public  "quae  .  .  .  commodo  ali- 
cuius  communitatis  inserviunt."  ''"  Some  doubts  have  been  pro- 
posed as  to  the  Bishop's  power  of  permitting  the  erection  of  a 
plurality  of  chapels  in  a  Community.^*  The  question  becomes 
more  involved  by  the  two  responses  of  the  Holy  See,  in  which 
this  right  was  denied  to  certain  Bishops.^''  But  from  the  Leonine 
definitions  of  semi-public  and  private  chapels  one  is  hardly  forced 
to  consider  chapels  in  Religious  Communities  as  private  over 
which  the  Bishop  has  no  power.  The  late  decree  on  private  ora- 
tories leaves  the  question  untouched.^"  Vermeersch  remarks  on 
this  decree:  "Dubium  istud  manere  utrum  necne  velit  si  enim 
responsa  ista  adhuc  urgeantur."  ^'^  Gasparri,  Many,  Bastien,  and 
others  maintain  that  the  above-mentioned  decisions  were  par- 
ticular and  consequently  leave  the  powers  of  the  Bishops  intact.''^ 
Hence  we  can  safely  say  that  the  Ordinaries  can  permit  the  erec- 
tion of  several  chapels  in  Religious  Communities  without  recur- 
ring to  the  Holy  See.  This  question  becomes  practical  at  times ; 
for  more  chapels  are  often  desirable  for  the  convenience  of  aged, 
sick,  and  infirm  members  of  the  Communities.  Such  chapels 
would  still  be  "in  commodum  communitatis,"  and  hence  left  to 
the  discretion  of  Bishops. 


"  Const.  "Conditae  a  Christo,"  C.  II,  n.  I. 
"  Deere.  S.  R.  C.  Jan.  23,  1899. 

"Bastien,  o.  c,  n.  340;  Wernz,  o.  c,  vol.  Ill,  n.  457;  Vermeersch,  De 
Rel.,  Inst,  et  Pars.  T.  I,  n.  511. 

"  Responsiones,  S.  R.  C.  March  8,  1879;  Jan.  23,  1899. 

''  Deer.  S.  C.  de  Sacr.,  Feb.  7,  1909. 

"  Periodica,  vol.  V,  p.  111. 

"Gasparri,  De  Euch.  t.  I,  n.  214;  Many,  De  locis  sacris,  n.  100. 


96  RliUGIOUS     CONGREGATIONS 

The  same  law  that  leaves  to  the  Ordinary  the  erection  of 
chapels,  also  reserves  the  right  of  celebrating  the  Sacrifice  of 
the  Mass  therein  to  him :  "Episcoporum  sunt  iura  .  .  .  sac- 
rum fieri  in  domesticis  sacellis."  This,  however,  does  not  include 
the  rubrics  that  must  be  followed  in  celebrating  the  Holy  Sac- 
rifice. Until  recently  very  many  Communities  possessed  special 
privileges  not  only  in  the  celebrating  of  the  Mass,  but  also  in 
the  recitation  of  the  Divine  Office.  At  present  the  new  law, 
common  to  all  Congregations  in  this  matter,  reads:  "Congre- 
gationes  seu  Tnstituta  utriusque  sexus  a  S.  Sede  approbata  et  sub 
regimine  unius  praesidis  generalis  constituta,  si  ad  recitationem 
D.  Officii  teneantur,  proprium  pariter  habeant  Kalendarium."'  ^^ 
Hence  the  Bishop  cannot  exercise  any  jurisdiction  over  the  Cal- 
endar in  such  approved  Institutes. 

On  the  contrary,  Institutes  which  are  either  not  under  a  general 
direction,  or  are  not  obliged  to  recite  the  Office,  have  been  com- 
pelled to  surrender  all  their  privileges  and  conform  their  rubrics 
to  those  of  the  respective  diocese:  "Congregationes  et  Instituta, 
quae  sive  Ordinaria  sive  Apostolica  auctoritate  sint  approbata, 
non  tamen  comprehendantur  paragrapho  praecedenti,  uti  debent 
Kalendario  Dioecesano,  prouti  iacet,  additis  iuxta  Rubricas,  Offi- 
ciis  quae  ipsis  peculiariter  concessa"  (Ibidem).  In  both  regula- 
tions there  is  question  directly  only  of  the  Divine  Office,  but  no 
one  doubts  that  they  apply  equally  to  the  Holy  Sacrifice.  Some 
hesitancy  might  be  felt  in  regard  to  parishes  entrusted  to  Re- 
ligious. But  the  same  law  holds  good  in  the  celebration  of  Mass 
in  parish  Churches  permanently  or  indefinitely  assigned  to  the 
Congregations.  The  Bishop  of  Seckau  asked  the  S.  C.  R.  upon 
this  question  and  received  the  following  reply:  "Si  parochia  sit 
monasterio  vel  domui  religiosae  incorporata,  aut  eiusdem  mon- 
asterii  seu  domus  curae  in  perpetuum  vel  indefinitum  tempus  con- 
credita,  vel  communitas  apud  ipsam  parochialem  ecclesiam  divina 
peragat,  in  Missis  Kalendarium  Religiosorum  semper  adhibeatur ; 


''  Deer.  "Rubricae,"  S.  R.  c,  Feb.  38,  1914. 


IN     THEIR     EXTERNAL     RELATIONS  97 

secus  item  in  Missis  Kalendarium  Dioecesanum  semper  sevetnr." 
The  privilege  or  exception  that  the  first  class  of  Institutes 
mentioned  enjoy,  does  not  exempt  Religious  from  celebrating 
within  their  Institutes  or  their  parishes  the  |)rinciple  diocesan 
feasts,  such  as  of  the  dedication  of  the  Cathedral,  of  its  patron 
or  titular  feast,  and  of  the  principal  patron  feasts  of  the  respec- 
tive diocese.  These  must  be  celebrated  by  all  Religious'''  and, 
therefore,  in  them  the  diocesan  calendar  must  be  followed.  As 
to  titular  or  patron  feasts  of  the  parishes  entrusted  to  Religious, 
Rome  has  said :  ''Communitas  Religiosorum,  quae  cuidam  pub- 
licae  ecclesiae  fuit  addita,  tenetur  ad  officium  patroni  titularis 
huius  Ecclesiae  et  per  totam  octavam."  ''-  Evidently  the  same 
rubrics  would  obtain  in  regard  to  the  celebration  of  the  Holy 
Sacrifice  of  the  Mass. 

On  the  other  hand,  Institutes  which  are  now  obliged  to  follow 
the  diocesan  calendar,  still  enjoy  the  privilege  of  celebrating  the 
special  feasts  of  the  Community  with  the  accustomed  solemnities 
in  the  same  manner  as  heretofore:  "Uti  debent  Kalendario  Dioe- 
cesano  .  .  .  additis  iuxta  Rubricas  officiis  quae  ipsis  pecu- 
liariter  concessa"  (supra). 

A  limitation,  however,  on  the  Bishop's  powers  must  be  men- 
tioned in  regard  to  the  conservation  of  the  Bl.  Sacrament  in 
these  semi-public  Oratories.  Benedict  XIV  requires  a  papal  in- 
dult  for  this.''"  Canonists  hold  that  this  law  is  still  in  force,"* 
except  in  places  where  a  contrary  custom  has  obtained  the  force 
of  law.  Ordinarily  the  Holy  See  is  wont  to  grant  the  permis- 
sion of  conserving  the  Bl.  Sacrament  in  the  Chapel  only  upon 
the  condition  that  the  Holy  Sacrifice  is  celebrated  at  least  once 


""  Responsum,  S.  R.  C,  Apr.  22,  1910. 
"'  "Rubricae,"  Feb.  28,  1914. 
"'■  S.  R.  C.  Apr.  7,  1876. 
"'Const.  "Quamvis  justo,"  April  30,  1749. 

"Ojetti,  o.  c,  n.  2059  sq. ;  Canoniste  Cont.  1903,  p.  182;  Bastien,  o.  c, 
a  258. 


98  RKLIGIOUS     CONGREGATIONS 

a  week.®"  If  no  conditions  are  stipulated  in  the  indult,  Doctors 
maintain  that  the  Holy  Sacrifice  must  be  celebrated  every  day.®" 

Quite  the  contrary  obtains  in  the  right  of  exposing  the  Bl. 
Sacrament  for  public  adoration.  Here  Bishops  retain  their 
ordinary  jurisdiction :  "Episcoporum  sunt  iura  .  .  .  Sacra- 
mentum  augustum  proponi  palam  venerationi  fidelium."  *^'  From 
the  phrase  "palam  venerationi  fidelium."  authors  deduce  the  right 
for  Religious  to  expose  the  Bl.  Sacrament  without  Episcopal 
permission  when  none  but  members  of  the  Community  are  pres- 
ent.®^ In  fact  this  distinction  between  public  and  private  or 
quasi-private  religious  service  is  quite  constant  throughout  the 
entire  Constitution  of  Leo  XIII.  Immediately  upon  stating  the 
law  of  public  Exposition,  the  Pontiff  adds :  "Episcoporum  simi- 
liter est  sollemnia  et  supplicationes,  quae  publica  sint,  ordinare." 
Novv  it  is  evident  from  what  has  already  been  said  that  the 
Bishop's  powers  hardly  extend  to  compelling  Religious  to  partake 
in  public  processions  and  other  similar  religious  functions.  But 
were  a  Community  to  inaugurate  a  public  procession,  they  would 
certainly  require  the  Ordinary's  permission  according  to  this  regu- 
lation. Nor  can  the  rights  of  Bishops  to  ordain  public  prayers 
include  al.so  the  prayers  of  the  Community,  for  these  are  gener- 
ally provided  for  in  the  Rule  of  the  Society  which  the  Holy  See 
has  acknowledged.  Therefore  it  seems  that  Bastien's  opinion 
given  above  in  regard  to  the  exposition  of  the  Bl.  Sacrament 
would  follow  quite  naturally. 

Frequently  pious  souls  establish  certain  foundations  or  be- 
queath certain  sums  of  money  in  the  form  of  legacies  to  Re- 
ligious Communities  for  the  purpose  of  providing  for  divine 
worship  or  for  some  works  of  charity.  The  administration  of 
these  indeed  appertains  to  the  Congregations.     But  they  are  ac- 


**  Deer.  S.  R.  C.  May  14,  1889. 

"Ojetti,  o.  c,  n.  2060;  Mon.  Eccl.  vol.  XIII,  p.  519.    Deer.  S.  C  EE  et 
RR.  Feb.  9,  1904.     Deer.  S.  R.  C.  May  14,   1889. 
*'  Const.  "Conditae  a  Christo,"  C.  II,  n.  1. 
*  Bastien,  o.  c,  n.  361. 


IN     THEIR     EXTERNAL     RELATIONS  99 

countable  to  the  Ordinary  for  them.  The  Bishop  has  the  right 
to  inquire  into  their  preservation  and  prudent  administration.®' 
But  their  alienation  is  reserved  to  the  Holy  See.'''" 

This  supervision  of  the  Ordinary  cannot  be  extended  to  other 
temporal  afYairs,  as  was  stated  in  the  beginning  of  this 
chapter,  for  the  "Charter"  of  approved  Congregations 
explicitly  states;  "Bonorum  .  .  .  administratio  penes  Mod- 
eratorem  supremum  maximamve  Antistitam  eorumque  consiliaesse 
debet.  .  .  .  De  iis  nuUam  Episcopus  rationem  potest  exi- 
gere."  ^^  The  "Bonorum  administratio"  must  here  be  strictly 
interpreted  for  in  things  spiritual  the  Bishop  possesses  well-de- 
fined powers :  "Episcopis  cuiusque  diocesis  ius  est  invisendi 
templa,  sacraria,  oratoria  publica,  sedes  ad  Sacramentum  Poeni- 
tentiae,  de  iisque  opportune  statuendi  iubendi."  '^-  We  might 
ask  here  whether  the  Holy  See  intends  to  include  the  Com- 
munity's semi-public  chapels  in  this  episcopal  visitation.  Strictly 
private  chapels  are  exempt  from  episcopal  visitation,  except  the 
visitation  which  precedes  their  approval  (Bargilliat,  o.  c,  n. 
1269).  But  since  semi-public  chapels  are  subject  to  the  local 
Ordinary,  one  would  think  that  the  Bishop  possesses  full  powers 
to  visit  them  in  the  same  manner  as  public  chapels.  It  is  certain 
that  the  present  decree  does  not  expressly  include  the  Com- 
munity oratories.  And  Ojetti  (o.  c,  n.  2940)  quotes  Gasparri 
on  this  point  as  follows:  ''Ceterum  haec  oratoria  (semi-publica) 
non  subsunt  formali  visitationi  episcopi,  dum  dioecesim  perlus- 
trant  et  ideo  non  tenentur  ad  procurationes,  nisi  in  casibus  iure 
expressis ;  nee  in  eis  erigi  possunt  beneficia"  (De  Euch.,  I,  222). 
Institutes  of  women  and  of  laics,  moreover,  are  also  subject  to  the 
Bishop's  investigation  in  matters  of  discipline  and  morality  in  gen- 
eral :  "Episcopi  erit  inquirere  num  disciplina  ad  legum  normam 


""  Const.  "Conditae  a  Christo,"  aa.  9,  11. 
'"  Deer  S.  C.  de  Rel.,  "Inter  ea,"  July  30,  1909. 
"Const.  "Conditae  a  Christo,"  c.  II,  n.  9. 
"  Ibid.,  n.  11. 


100  RELIGIOUS     CONGREGATIONS 

vigeat,  num  .  .  .  contra  clausuram  peccatum,  num  sacra- 
menta  aequa  stataque  frequentia  suscipiantur."  "^^ 

The  "inquiry"  here  referred  to  is  not  intended  to  convey  the 
idea  that  the  Ordinary  may  proceed  to  enforce  correction  in  case 
abuses  are  discovered;  ordinarily  he  would  have  to  refer  the 
matter  to  the  Holy  SeeJ*  Furthermore,  Institutes  of  clerics  are 
not  included  in  this  episcopal  inspection,  although  they  are  sub- 
ject to  Bishops'  jurisdiction  in  most  spiritual  affairs,  for  the 
following  laws  are  general : "Alumni  alumnaeve  sodalitatum  harum, 
ad  forum  internum  quod  attinet,  Episcopi  potestati  subsunt." 
And  again,  "In  iis  quae  ad  spiritualia  pertinent  subduntur  sodali- 
tates  Episcopis  dioecesium  in  quibus  versantur."  "'' 

To  the  internal  forum  and  things  spiritual  belong  pre-eminently 
the  Sacraments.  Since  custom,  if  indeed  not  special  indults, 
has  exempted  Religious  Congregations  from  the  jurisdiction  of 
local  pastors,  practically  only  two  Sacraments  require  considera- 
tion, viz.,  Penance  and  Holy  Orders. 

Ordinarily  no  occasion  for  the  administration  of  Baptism  or 
Matrimony  in  the  Chapel  of  Religious  Communities  presents 
itself.  But  in  case  of  exception  the  pastor  in  whose  parish  the 
chapel  is  situated,  could  validly  assist  or  delegate  the  permission 
to  assist  at  Matrimony  in  the  Religious  Chapel.  (S.  Congr.  de 
Sacramentis,  March  10,  1910.)  As  to  the  becomingness  of  ad- 
ministering the  Sacrament  of  Matrimony  in  Religious  Chapels, 
there  can  be  no  question.  Canonists  generally  hold  that  it  is  un- 
lawful, at  least  in  Institutes  of  women  and  in  Seminaries.  (Fer- 
reres,  "los  Esponsales  y  el  Matrimonio,"  p.  309.)  The  Provincial 
Council  of  Valentia  explicitly  forbids  the  administration  of  Mat- 
rimony in  churches  of  Regulars,  of  Congregations,  of  Colleges  and 
in  all  Institutes  of  women  and  in  Seminaries  without  the  special 
permission  of  the  Bishop.      (See  Ferreres,  1.  c.)      But  it  is  use- 


Ibid. 
Ibid. 
Ibid.,  c.  II,  n.  5  et 


IN     THEIR     EXTERNAL     RELATIONS  101 

less  to  develop  the  discipline  on  Matrimony.  The  laws  regarding 
Penance  are  of  greater  importance. 

No  further  reference  need  be  made  to  the  fact  that  Institutes 
of  clerics  possess  no  jurisdiction  "in  foro  interno,"  unless  they 
receive  it  from  the  Ordinary.  By  way  of  exception  Rome  has 
conferred  special  powers  on  some  Congregations,  as  for  example 
the  Congregations  of  Passionists  and  Redemptorists.  But  this 
only  confirms  the  general  law.  Nor  is  it  necessary  to  discuss  at 
length  the  right  of  Religious  to  confess  their  sins  to  any  duly 
authorized  priest,  when  they  are  outside  of  their  Institute.  There 
was  a  time  when  this  was  not  allowed.  These  prohibitions,  how- 
ever, have  been  revoked  and  general  liberty  given  to  every  Re- 
ligious, whether  male  or  female,  to  make  his  or  her  confession 
to  any  priest  possessing  ordinary  jurisdiction,  when  lawfully  or 
unlawfully  they  happen  to  be  outside  of  their  own  Community 
house.^"  But  the  regulations  or  discipline  regarding  the  Sacra- 
ment of  Penance  within  the  Religious  houses  is  of  prime  im- 
portance for  Bishop  and  priest. 

Leo  XIII  prescribed,  "Si  sodalitates  muliebres  sint,  designabit 
item  Episcopus  sacerdotes  a  confessionibus  tum  ordinarios  turn 
extra  ordinem,  ad  normam  Constitutionis  "Pastoralis  curae"  a 
Benedicto  XIV  decessore  Nostro  editae,  ac  decreti  "Quemad- 
modum"  dati  a  sacro  Consilio  Episcopis  et  Religiosorum  ordinibus 
praeposito,  die  17  decembris  anno  1890  ;  quod  quidem  decretum 
ad  vivorum  etiam  consociationes  pertinent,  qui  sacris  minime 
initiantur."  '^  From  this  it  follows  that  the  tribunal  of  Con- 
fession in  Institutes  of  priests  is  administered  by  the  superiors 
of  the  Community :  "In  presbyterorum  sodalitiis,  de  conscientia 
.     .     .     uni  praesides  cognoscent."  '^^ 

All  the  laws  of  Leo  XIII  and  his  predecessors  which  are  still 
in  force  in  regard  to  the  confessions  of  Nuns  and  Sisters  have 


'"  Deer.  S.  C.  O.  Aug.  23.  1899 :  Deer.  S.  C.  de  Rel,  "Cum  de  Sacramen- 
talibus,"  Feb.  3,  1913;  Deer.  S.  C.  Rel.,  Aug.  5,  1913. 

"Const.  "Conditae  a  Christo,"  c.   II,  n.  8. 
"  Ibid.,  c.  II,  n.  77. 


102  RELIGIOUS     CONGREGATIONS 

been  generalized  and  codified  by  the  Holy  See  in  the  decree 
"Cum  de  sacramentalibus" :  "visum  est  in  unum  colligere  Decre- 
tum."  "^^  According  to  this  decree  of  the  Sacred  Congregation, 
it  devolves  upon  the  Ordinary  to  provide  "ordinary,"  "extraordi- 
nary," and  some  "special"  confessors  for  every  Religious  house 
of  Nuns  and  Sisters  within  his  diocese.  We  say  "house,"  be- 
cause no  obligation  rests  upon  the  Bishop  to  assign  special  con- 
fessors to  Sisters  who  confess  in  the  parish  Church,  though  per- 
haps it  would  be  advisable,  as  a  rule,  to  do  so.  If  Bishops  made 
this  provision,  then  these  confessors  could  hear  the  Sisters'  con- 
fessions also  in  their  parochial  convent  in  case  of  illness  or  some 
other  extraordinary  circumstances.^" 

The  ordinary  confessor  is  appointed  by  the  Bishop  for  the 
term  of  three  years.  Of  course,  it  is  understood  that  a  plurality 
of  regular  confessors  may  be  assigned.  In  fact  it  would  be 
necessary  in  large  Communities.  In  such  event  the  extent  of 
each  individual  confessor's  faculties  would  naturally  rest  with 
the  Bishop  who  would  certainly  express  the  limitations,  if  any, 
in  the  commission.  The  ordinary  confessor,  however,  may  not 
be  reappointed  unless  the  scarcity  of  priests  demand  it  or  the 
majority  of  Sisters  for  good  reasons  desire  it.  Certainly  this 
limitation  would  not  include  ordinary  confessors  designated  for 
the  Confessions  of  Sisters  in  the  parish  Church.*^  These  de- 
pend solely  on  the  will  of  the  Bishop.  But  the  law  provides  that 
the  ordinary  confessor  may  not  be  made  extraordinary  within  a 
year  from  the  expiration  of  his  term. 

In  virtue  of  the  office  of  ordinary  confessor  no  right  is  con- 
ferred to  meddle  with  the  internal  affairs  of  the  Community. 
This  would  not  only  be  imprudent,  but  also  in  direct  violation  of 
the  law  of  the  Holy  See.  The  two  forums  are  strictly  separated 
and  no  reason  will  justify  their  blending.  If  a  priest  is  the 
moderator  of  a  Community  or  house,  he  is  thereby  excluded  from 


Deer.  S.  C.  de  Rel.,  "Cum  de  Sacramentalibus,"  Feb.  3,  1913. 
Vermeersch,  Periodica,  vol.  VII,  p.  93  sq. 
Responsio  S.  C.  EE.  et  RR.,  July  20,  1875. 


IN     THEIR     EXTERNAL     RELATIONS  103 

hearing  the  confessions  of  the  Sisters  who  reside  in  that  house, 
except  in  very  extraordinary  cases. 

Nor  is  this  the  only  disqualification  expressed  by  the  decree. 
Ordinarily  only  priests  who  have  passed  their  fortieth  year  and 
who  in  their  ministry  have  manifested  prudence  and  integrity  of 
character,  are  eligible  to  the  office  of  Father-confessor  for  Sis- 
ters. While  prudence  and  good  morals  are  essential  at  all  times 
to  worthily  discharge  the  duties  of  the  confessional,  yet  the 
Holy  See  considers  that  they  are  requisite  in  a  special  degree 
for  the  confessions  of  Religious.  Naturally  the  Bishop  may  for 
just  reasons  make  exception  to  the  age-requirement  law.  Prud- 
ence and  virtue  are  not  necessarily  the  endowments  of  a  certain 
age,  and  therefore  the  Holy  See  leaves  much  to  the  discretion  of 
the  Bishop. 

No  general  law  determines  the  frequency  with  which  the  ordi- 
nary confessor  must  afiford  the  Sisters  an  occasion  to  receive  the 
Sacrament  of  Penance.  The  Council  of  Trent  admonishes 
Bishops  and  superiors  to  see  to  it  that  Nuns  approach  the  Sacra- 
ments of  Confession  and  Communion  at  least  once  a  month 
( Sess.  XXV,  c.  X,  de  Rel.).  But  this  regulation  establishes  only 
the  extreme  limit  and  leaves  the  rest  to  the  proper  au- 
thorities. Moreover,  no  one  doubts  that  Religious  should 
be  given  every  opportunity  of  gaining  the  many  indulgences 
granted  by  the  Church.  By  a  decree  of  the  S.  C.  Indulgentiae 
(Dec.  0,  1763)  confession  at  least  once  a  week  is  necessary  for 
obtaining  the  customary  plenary  indulgences  during  the  week. 
In  some  countries  an  extension  to  two  weeks  has  been  granted. 
But  Pius  X  declared  that  these  prescriptions  are  not  obliga- 
tory for  daily  communicants.^^  Hence  it  can  hardly  be  alleged 
that  the  reason  of  gaining  Indulgences  would  urge  weekly  con- 
fessions and  therefore  oblige  the  ordinary  confessor  to  visit  the 
convents  weekly.  Custom,  however,  has  established  a  rather 
general  and  correct  norm  in  favor  of  weekly  confessions  for 
Religious.     If,  therefore,  the  Bishop  would  not  specify  the  days 


•''Deer.  S.  C.  Indulg.,  Feb.  14.  190G. 


104  RELIGIOUS     CONGREGATIONS 

for  confession,  the  custom  of  the  convent  could  not  be  disregarded 
without  good  reason. 

The  prescriptions  for  the  extraordinary  confessor  are  very 
similar  to  those  for  the  ordinary.  The  Holy  See  demands  that 
the  Bishop  assign  extraordinary  confessors  for  every  Com- 
munity "pluries  in  anno."  This  would  certainly  mean  at  least 
twice  a  year.  The  Council  of  Baltimore  says:  "Extraordinarius 
saltem  bis  vel  ter  in  anno  ad  confessiones  omnium  excipiendas 
se  praesentabit."  ^^  The  Plenary  Council  of  Quebec  prescribes  the 
same:  "Bis  vel  ter  in  anno  confessarius  extraordinarius  concedi 
debet  monialibus  etiam  votorum  simplicium."  ***  No  specified  time 
for  the  duration  of  the  term  of  office  is  given  by  the  Holy  See 
or  particular  Councils  so  far  as  could  be  determined  from  works 
consulted.  The  Bishop  is  at  full  liberty  in  all  regulations  con- 
cerning the  extraordinary,  except  that  the  qualities  required  for 
the  ordinary,  should  also  be  insisted  on  for  the  extraordinary  con- 
fessor. Again,  the  Bishop  may  not  appoint  an  ordinary  con- 
fessor within  a  year  to  the  same  Institute,  nor  may  he  delegate 
a  Religious  without  the  consent  of  his  superior. 

Finally  a  certain  number  of  special  confessors  must  be  desig- 
nated whom  the  Sisters  may  call  to  hear  their  confessions,  when 
for  any  reason  they  prefer  not  to  confess  to  the  ordinary  con- 
fesso:".  Since  this  privilege  may  easily  be  abused,  it  rests  with 
the  individual  confessor  to  exercise  the  greatest  prudence  in 
treating  such  souls  in  order  that  what  is  granted  for  the  greater 
liberty  of  conscience,  may  not  revert  to  the  detriment  of  Religious 
or  of  their  Community. 

For  very  special  reasons  approved  by  the  Ordinary,  a  Nun 
or  Sister  could  obtain  a  particular  father  confessor ;  but  since 
this  must  necessarily  be  of  very  rare  occurrence  it  suffices  to 
kn.ow  that  the  Holy  See  provides  even  for  such  extreme  cases, 
but  leaves  it  to  the  Bishop  to  judge  of  the  individual  case. 


''in,  C.  Bait.,  n.  97;  C.  of  Trent,  Sess.  XXV,  c.  10,  de  Reg. 

"I  PI.  C.  of  Quebec,  n.  270;  Cfr.  also  Vermeersch,  Periodica,  vol.  VII 

p.  89. 


IN     THEIR     EXTERNAL     RELATIONS  105 

These  regulations  are  intended  as  the  ordinary  norms  for  Com- 
munities of  women.  But  in  cases  of  serious  sickness,  even  though 
there  exists  no  danger  of  death,  a  Sister  may  summon  any  priest 
having  faculties  within  the  diocese  as  often  as  she  sees  fit.  The 
Church's  mission  on  earth  is  the  salvation  of  souls.  Therefore 
she  puts  no  limits  on  her  children  in  questions  of  conscience, 
and  especially  not  when  afflictions,  the  natural  harbingers  of  the 
Life  to  come,  bear  them  down. 

The  new  decree  nowhere  explicitly  states  that  the  validity  of 
the  confessions  within  the  convent  depends  upon  this  episcopal 
approval.  Seemingly,  however,  the  regulations  suppose  it.*^ 
Barrett  says  on  this  point :  "Specialis  deputatio  ab  ipso  Ordinario 
exigitur,  et  quidem  ad  validitatem,  pro  confessario  domus  ordi- 
nario, pro  confessario  domus  extraordinario,  pro  istis  sacerdoti- 
bus  unicuique  domui  reHgiosae  assignatis  quos  singulae  vocent, 
pro  uno  isto  speciali  confessario  ob  peculiarem  causam  in  con- 
fessarium  habitualem  petito."  ''*' 

Some  authors,  indeed,  thought  that  the  decree  "In  audientia" 
(Aug.  3,  1913)  which  gives  to  any  approved  confessor  the  faculty 
of  validly  hearing  the  confessions  of  Religious  even  within  the 
Religious  house,  included  also  Religious  Institutes  of  women. 
But  the  general  opinion  of  Canonists  denies  this.^" 

In  speaking  of  the  new  laws  regarding  confession  in  convents, 
Vermeersch  draws  attention  to  the  fact  that  special  approbation 
or  jurisdiction  is  necessary  only  when  the  Nun  or  Sister  wishes 
to  confess  within  her  own  Convent.  If,  then,  a  Religious  were 
visiting  another  Convent,  an  approved  confessor  could  validly 
and  licitly  absolve  her  in  the  Convent  Chapel. ^^  Such  a  case 
might  become  practical,  especially  where  the  chaplain  would  be 
called  on  to  hear  the  confessions  of  visiting  Sisters.  Having, 
therefore,  the  ordinary  approval  from  the  Bishop,  he  could  exer- 


"^  Vermeersch,  o.  c.    p.  92. 

"  Sabetti-Barrett,  "Comp.  Theol.  Mor.,"  Edit.  23.  p.  712. 

*'  Ibid.,  p.  704. 

'"'  O.  c,  vol.  VII,  p.  92. 


106  REUGIOUS     CONGREGATIONS 

cise  his  faculty  in  regard  to  visitors,  but  not  in  regard  to  the 
resident  Sisters  of  the  Convent. 

The  regulations  or  the  Sacrament  of  Penance  are  not  altogether 
dissimilar  to  those  of  the  Sacrament  of  Holy  Orders.  The  Holy 
See  prescribes  certain  conditions  which  the  Bishop  must  carry 
out  before  he  may  licitly  ordain  a  Religious.  These  conditions 
are  the  ordinary  ones  of  Canon  law.  Religious  Congregations 
possess  no  general  privileges  of  Ordination  like  the  strict  Orders. 
Hence  the  Ordinary  may  not  ordain  a  Religious  unless  the  latter 
present  the  required  testimonials,  dimissorials,  and  canonical  title 
of  Ordination,  or  proof  that  the  Congregation  has  received  a 
special  privilege  which  exempts  it  from  this  requirement.^^  If, 
however,  an  Institute  possess  a  special  privilege  of  Ordination, 
then,  "Les  superieurs  des  Instituts  qui  ont  obtenu  un  indult 
special  de  faire  ordonner  leurs  subjets  pour  leur  propre  compte, 
peuvent  donner  les  lettres  dimissoriales  a  I'Eveque  du  diocese  ou 
se  trouve  le  monastere."  ^" 

By  the  decree  "Auctis  admodum"  (Nov.  4,  1892),  the  Holy 
See  forbids  the  conferring  of  Sacred  Orders  on  Religious  before 
they  have  made  their  perpetual  profession.  Vermeersch  thinks 
that  this  is  obligatory  only  when  the  candidate  is  promoted  to 
Holy  Orders  "sub  titulo  privilegiato."  Therefore,  he  concludes, 
a  Religious  could  be  ordained  prior  to  the  perpetual  profession 
under  a  regular  title,  as  for  instance  under  the  title  of  patrimony. ^i 

In  addition  to  the  ordinary  testimonials  which  are  demanded 
for  Holy  Orders,  the  Holy  See  has  seen  fit  to  exact  testimonials 
also  from  the  pastors  in  whose  territory  a  Religious  has  been 
located  for  three  months  or  more  of  military  service.^-  This  was 
referred  to  more  fully  in  the  fourth  chapter. 

Ordination,  moreover,  may  not  be  conferred  on  Religious, 
"nisi,  praeter  alia  a  jure  statuta,     .     .     .     professi     .     .     .testi- 


"'  Const.  "Conditae  a  Christo,"  c.  II,  a.  6. 
""  Bastien,  o.  c,  p.  237. 
"Vermeersch,  Periodica,  Vol.  V,  p.   (15). 

*'''  Deer.  S.  C.  de  Rel.,  "Inter  Reliquas,"  Jan.  1.  1911 ;  Responsios  P.  de 
Rel..  Feb.  1,  1912. 


IN     THEIR     EXTERNAL     RELATIONS 


107 


moniales  litteras  exhibeant,  quod  saltern  per  annum  sacrae  theol- 
ogiae  operam  dederint  si  agatur  de  subdiaconatu,  ad  minus  per 
biennium,  si  de  diaconatu,  et  quoad  presbyteratum,  saltern  per 
triennium,  praemisso  tamen  regulari  aliorum  studiorum  curn- 
culo.'"*^  The  Sacred  Congregation  for  Religious  has  declared 
that  the  terms  of  this  paragraph  of  the  said  decree  must  be  inter- 
preted literally,  or  rather  it  has  interpreted  them  literally.  The 
Holy  See,  moreover,  has  added  another  year  of  Theology  to 
the  regular  course.^*  No  express  mention  is  made  that  this  addi- 
tional year  must  also  precede  Ordination.  Hence  it  is  inter- 
preted that  the  law  regarding  the  conferring  of  Holy  Orders 
is  not  changed,  provided  a  complete  course  of  Theology  is  ob- 
tained in  the  prescribed  three  years.  This  additional  year 
of  regular  studies  could  then  be  fulfilled  subsequently.^^ 

A  more  thorough  study  of  Theology  is  especially  necessary  in 
our  times  when  the  air  is  filled  with  hyper-critical,  irreligious, 
and  heretical  tendencies.  Pius  X  strove  to  counteract  these  by 
timely  regulations  demanding  a  more  complete  course  of  studies 
for  ecclesiastical  students.''*'  Furthermore,  as  an  aid  to  their 
intellectual  development  and  as  a  protection  for  the  true  doc- 
trine of  Christ,  the. Sovereign  Pontiff  imposed  the  obligation  of 
taking  an  oath  against  Modernism  before  receiving  Major  Orders. 
This  does  not  necessarily  mean  before  each  Major  Order,  but 
at  least  before  the  Subdiaconate."'  In  the  case  of  Religious 
taking  this  oath,  the  law  was  not  clear  in  designating  before  whom 
they  must  make  the  oath.  This  doubt  has  been  solved  by  the 
decision:  "Alumni  Religiosi  majoribus  ordinibus  initiandi  tenentur 
dare  iusiurandum  a  Moto  proprio  S.  Antistitum  praescriptum 
coram  Episcopo  Ordines  conferente."  ^^ 


"'Deer.  S.  C.  EE.  et  RR.,  "Auctis  admodum,"  Nov.  4,  1892. 
'^  Declaratio  S.  C.  de  Rel.,  Sept.  7,  1909. 
*'  Vermeersch,  Periodica,  vol.  V,  p.  47. 
■"Deer.  "Sacrorum  Antistitum,"  Sept.  1,   1910. 
*'  Responsio  S.  C.  C.  March  24,  1911. 
•*Responsio  S.  C.  C.  Dec.  17,  1911. 


108  RELIGIOUS     CONGREGATIONS 

When  all  the  prerequisites  for  the  reception  of  the  Sacrament 
of  Holy  Orders  have  been  complied  with,  the  superior  of  the 
Congregation  must  formally  present  the  candidate  to  the  Bishop 
for  ordination.**"  The  fact  that  one  is  a  Religious  does  not  exempt 
him  in  ordination  from  the  obligation  of  promising  obedience  to 
the  Bishop,  nor  of  making  the  Solemn  vow  of  chastity,  even 
though  the  Religious  may  have  already  bound  himself  by  the 
perpetual  vow  of  chastity.^^^^  This  is  due  chiefly  to  the  canoni- 
cal status  of  Religious  Congregations.  They  are  subject  to  the 
ordinary  jurisdiction  of  the  Bishop  in  all  things  spiritual. 

In  conclusion  it  is  necessary  to  draw  attention  to  certain  dele- 
gated powers  which  Ordinaries  receive  from  the  Holy  See.  It 
is  impossible  for  the  Holy  See  to  exercise  direct  jurisdiction  over 
the  entire  government  of  Religious  Societies.  The  very  nature 
of  some,  especially  of  Institutes  of  women,  requires  a  closer 
supervision.  The  Council  of  Trent  commanded  Ordinaries  to 
supervise  the  reception  of  their  candidates  and  the  observance  of 
the  Cloister.  Papal  laws,  as  has  been  noticed,  ever  and  anon 
repeat  the  Tridentine  admonitions  and  add  many  other  provi- 
sions. The  Ordinary  is  responsible  for  the  due  and  effective  pro- 
mulgation of  these  decrees.  But  as  a  special  delegate  of  the 
Holy  See,  he  is  obliged  to  safeguard  freedom  of  conscience  and 
the  unrestricted  access  to  the  Sacrament  of  Penance  according  to 
the  decree  "Cum  de  sacramentalibus."  The  fact  that  an  Insti- 
tute of  women  is  under  the  jurisdiction  of  an  exempted  Order, 
makes  no  infringement  on  this  right  of  Bishops.  Where  his 
ordinary  jurisdiction  fails  to  supply  the  necessary  power,  a  dele- 
gated right  comes  to  his  assistance.  An  equally  important  duty 
rests  upon  Ordinaries  to  preside  as  a  Papal  Delegate  over  Con- 
vents or  Chapters  when  the  various  offices  are  assigned  in  Com- 
munities of  Sisters. ^^^  To  these,  particular  delegations  are  fre- 
quently added  according  to  the  peculiar  nature  of  some  Institutes 


'"  Const.  "Conditae  a  Christo,"  C.  II,  a.  6. 

'""  Bastien,  o.  c,  pp.  24,  239. 

""  Const.  "Conditae  a  Christo,"  C.  I,  n.  1. 


IN     THEIR     KXTERNAL     RELATIONS  109 

and  the  varying  circumstances  of  different  countries.  These 
special  faculties  can  be  learned  only  from  the  respective  indults. 
This,  then,  finishes  the  purpose  of  the  present  treatise.  An 
effort  has  been  made  to  outline  the  Religious  Congregations'  ex- 
ternal relations,  both  canonically  and  historically.  This  led  to 
the  investigation  of  their  nature,  origin  and  development ;  of 
their  foundation  and  ecclesiastical  approval ;  of  the  reception, 
bond,  and  expulsion  of  members  ;  and  finally  of  their  pontifical 
and  episcopal  government.  Considering  the  limitations  and 
frailties  of  human  nature,  the  writer  can  hardly  hope  that  his 
sincere  and  laborious  efforts  have  detected  every  truth  or  escaped 
every  mistake.  Hence  the  kind  indulgence  of  the  reader  is 
solicited,  if  errors  or  shortcomings  have  crept  into  this  short 
treatise. 

A.M.D.G.  ET  B.V.M. 


110 


RELIGIOUS     CONGREGATIONS 


IN     THEIR     KXTURNAIv     RELATIONS  111 

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Bastien,  Directoire  Canonique. 

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pflaege. 
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Bouche,  Du  droit  d'exister  de  congregations  rel  non  reconnues. 
Billuart,  Summa,  S.  Thos.  De  Religiosis  et  de  voto. 
BouQuiLLON,  Theol  Mor.  Fundamentalis. 
BattandiER,  Guide  Canonique,  2nd  edit. 
BouDiNHON,    Les    Congregations    Religieuses,    Articles    in    Le    Canoniste 

Contemporain,  Vol  25,  26,  27. 
BugdalE,  Monasticon  Anglicanum. 
Cappello,  De  Curia  Romana. 
CafliEr,  L'Incapacite  de  recevoir  des  congregation  religieuses  et  de  leurs 

membres. 
Craisson,  Des  Communautes  a  voeux  simples. 
Daris,  Quaestiones  canonico — civiles  de  statu  religiose. 
DeBuck,  De  exemptione. 

Dechamps,  Instructions  aux  communautes  relig.  des  femmes. 
Dehey,  Religious  Orders  of  Women  in  the  United  States. 
De  Luca,  Relatio  Curiae  Romanae. 
DeBuck.  De  I'etat  religieux  en  Belgique  au  XIX  siecle. 
D'Annibale,  Summula  Theol.  Mor.  5th  edit. 
Ecclesiastical  Review,  Vol.  51,  1914. 
Gasparri,  Tract.  Can.  de  S.  Ordinatione. 
Gasparri,  Tract.  Can.  de  SS.  Euch. 
Gasquet,  English  Monastic  Life. 
Gennari,  Consultazioni  Mor.  Can.  lit. 
Franco-Huber,  Das  Paepstl  Decret  "Quemadmodum." 
Herve-Bazin,  Les  grand  Ordres  et  Congregations  rel.  de  femmes,  Paris 

1889. 
Heuser,  Congregation,  Art.  In  Kirch-Lex. 
Heimbucher,  Orden  und  Kongr.  Vols.  I  and  II. 
Hilling,  Procedure  at  the  Roman  Courts. 
HoHM,  "Vocations."  2  vols. 

HoLN,  Die  barmherz,  Schwestern  von  heilig.  Karl  Borromaeus. 
Joder,  Das  Beichtvateramt  in  Frauenkloestern. 
JoDER,  Das  Sammeln  von  Almosen  durch  Ordensfrauen. 
Keiter,   Bedingungen   f.   d.   Eintritt  in  saemtl  relig.   Maennerorden  und 

Genossenschaften  Deutsch.     Oesterr.  u.  d.   Schweiz. 
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IN     THEIR     liXTERNAIv     RELATIONS  113 


Lanslots,  Hand  Book  for  Religious  Congregations  of  Women. 

Lenormant,  De  Associations   rel.  dans  le  Catholicisme. 

LEJEVne,  La  Confession  et  la  Communion  des  religieux. 

Lessius,  Disputatio  de  statu  vitae  deligendo  et  religiose  ingressu. 

LuciDi,  De  Visitatione,  C.  V.  de  M.    (3rd  edit.). 

Many,  Prael.  Can.  de  Missa. 

Many,  Prael.  Can.  de  locis  sacris. 

Many,  Prael.  Can  de  S.  Ordinatione. 

Melot,  De  Ordinibus  et  Congr.  Relig. 

Meynard,  O.  p.  Responses  Canonique  et  pratiques  sur  le  gouvernement 
et  devoirs  des  religieuses  a  voeux  simples  3  vol. 

MiCHELETTi,  Jus  Planum. 

NardELLI,  Le  Congregazioni  religiose  di  voti  semplici  nei  rapporti  con  i 
vescovi  secondo  la  holla  "Conditae"  di  Leone  XIIL 

Nervegna.  De  jure  Practice  Reg. 

Nervegna,  De  Institutis  votorum  simplicium. 

NiLLES,  De  libertate  clericorum  religionem  ingrediendi. 

Noldin,  Summa  Theol.  Moralis.  3  vols. 

OjETTi,  Synopsis  Rerum  Mor.  et  Juris  Pontificii. 

OjETTi,  De  Romana  Curia. 

Passerini,  de  Sextula,  De  hominum  statibus  et  officiis. 

Peluzarius,  Manuale  Reg. 

Peyrinis,  De  privilegiis  Regularium. 

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PrEuschEn,  Moenchtum  und  Sarariskult. 

Rodericus.  Quaestiones  regulares  et  canonicae. 

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Sabetti-Barrett,  Compendium,  Theol.   Mor.    (23rd  edit.). 

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Sauvestre,  Le  Congregations  rel. 

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Ortspfarren. 

ScHUPPE,  Die  Selbstvervaltung  d.  neuer.  relig.  Frauengenossenschaften 
und  ihr  Verhaelniss  Z.  Dioezesan  Bishof. 

ScHUPPE,  Studien  ueb.  d.  relig.  neuer.  Frauengenossenschaften. 

Sebastianeeei,  Praelectiones  J.  C.  2d  edit.  Vol.  L  Pars.  IL  De  Regularibus. 

ScHUPPE,  Das  Wesen  und  Rechtsverhaeltnisse  der  neuercn  Frauengenos- 
senschaften. 

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114  REUGIOUS     CONGREGATIONS 


St.  Thomas,  II,  II,  q.  88. 

SuAREz,  De  virtute  et  statu  religionis  (Pars.  2a). 

SuAREz,  Tom.  14.  Tract  7,  de  Rel.  et  de  Voto. 

ToucHET,  La  secularisation  des  congreganistes  devant  le  droit  canon. 

Tyck,  Notices  historique  sur  les  congregations  et  communantes  rel. 

Van  Espen,  Jus.  eccl.  P.  I,  Tit.  33. 

Verhoeven,  De  regularium  et  saecularium  clericorum  juribus  et  offictis. 

Vermeersch,  de  Rel.  et  Inst.  2  vols. 

Vermeersch,  Religious;  Catholic  Ency. 

Vermeersch,  Periodica,  7  vols. 

ViTEAu,  Les  lois  de  I'Eglise  sur  la  confession  et  la  communion  des  rc- 

ligieuses. 
Wernz,  Jus  Decretalium,  Tom.  III. 


IN     THEIR    E;XTE;RNAI,     REI/AXIONS 


Universitas  Catholica  Americae 
Washingtonii,   D.   C. 


S.  Facultas  Theologica 


1915-1916 


TITULI 


HORA  IX  A.  M.  DIE  V  JUNII  A.  D.  MCMXVI 


I.  De  Potestate  Legislativa  Ecclesiae  Catholicae. 
II.  De  Legislatoribus  Ecclesiasticis. 

III.  De  Objecto  Legvtm  Ecclesiasticaritm. 

IV.  De  Interpretatione  Legum  Ecclesiasticarum. 
V.  De  Corpore  Juris. 

VI.  De  Regulis  Juris  in  Genere. 
VII.  De  Decretis  Romanorum  Pontificum. 
VIII.  De  Decretis  SS.  Congregationum. 
IX.  De  Electione  Romani  Pontificis. 
X.  De  Civili  Veto  seu  Exclusiva. 
XI.  De  Romanae  Curiae  Dicasteriis  in  Genere. 
XII.  De  Congregatione    Negotiis    Religiosarum    Sodalium 
Praeposita. 

XIII.  De  Congregatione  de  Propaganda  Fide. 

XIV.  De  Vicariis  Apostolicis. 

XV.  De  Cardinali  Protectore  super  Ordines  et  Congrega- 

tiones. 
XVI.  De  Juribus  Episcoporum  Ordinandi  Religiosos. 
XVII.  De  Episcoporum  Jurisdictione  in  Religiosis  Institutis. 
XVIII.  De  Coadjutoribus  Episcoporum. 
XIX.  De  Parocho  quoad  Sacramentum  Baptismi. 
XX.  De  Parocho  quoad  Sacramentum  Matrimonii. 
XXI.  De  Parocho  quoad  Rehgiosas  Congregationes. 

XXII.  De  Potestate  Parochi  quoad  Audiendas  Religiosorum 
et  Rehgiosarum  Confessiones. 

XXIII.  De  Privilegio  Clericorum  Ingrediendi  Religionem. 

XXIV.  De  Transitu  Religiosorum  et  Religiosarum  ad  Aliud 

Institutum. 
XXV.  DeExemptione    Religiosorum    Ordinum    et    Institu- 
torum. 


XXVI.  De  Usu  Kalendarii  in  Religiosis  Institutis. 
XXVII.  De  Saecularizatione  Religiosorum  Clericorum. 
XXVIII.  De  Tertiis  Ordinibus  Laicis. 
XXIX.  De  Confraternitatibus. 
XXX.  DeOratoriis. 

XXXI.  De  Alienatione  Bonorum  Ecclesiasticorum. 
XXXII.  De   Lege  Contrahendi  Debita  in  Religiosis  Institutis. 

XXXIII.  De  Sepultura  Ecclesiastica. 

XXXIV.  De    lis  Quae  Praemitti  Debent  Celebrationi  Matri- 

monii. 

XXXV.  De  Impedimento  Disparitatis  Cultus. 

XXXVI.  De  Impedimento  Vis  et  Metus. 

XXXVII.  De  Impedimento  Clandestinitatis  juxta  "Ne  Temere." 

XXXVIII.  De  Impedimento  Aetatis. 

XXXIX.  De  Impedimento  Publicae  Honestatis. 

XL.  De  Impedimento  Cognationis  Spiritualis. 

XLI.  De  Transactione. 

XLII.  De  Foro  Competenti. 

XLIII.  DeArbitris. 

XLIV.  DeAdvocatis. 

XLV.  DeTestibus. 

XLVI.  De  Judiciis  in  Causis  Expulsionis  et  Dimissionis  Re- 
ligiosorum. 

XLVII.  DeDolo. 

XLVIII.  De  Contumnacia. 

XLIX.  De  Delicto    Ecclesiastico    Eiusque    Constitutivis    in 
Genere. 

L.  De  Concursu  Plurium  Personarum  in  Idem  Delictum. 

LI.  De  Applicatione   Legis    Poenalis   Ad   Delicta   Eccle- 
siastica. 


LII.  De  Poenis  Vindicativis  in  Genere. 

LIII.  De  Irregularitate  in  Genere. 

LIV.  De  Poenis  Inhabilitantibus  Ad  Officia  Ecclesiastica. 

LV.  De  Privatione  Officiorum  et  Beneficiorum  Ecclesiasti- 
corum. 

LVI.  De  Depositione  Clericorum. 

LVII.  De  Degradatione  Clericorum. 

LVIII.  De  Conditionibus,  Modo,   Formis   Requisitis  Ad  In- 
fligendas  Censuras  Ecclesiasticas. 

LIX.  De  Effectibus  Censurarum  Ecclesiasticarum. 

LX.  De  Cessatione  et  Absolutione  Censurarum  Ecclesias- 
ticarum. 


Vidit  Sacra  Facultas : 

Daniel  I.  Kenedy,  O.  P.,  S.  T.  M.,  p.  t.  Decanus. 
Franciscus  I.  CoELN,  Ph.  D.,  p.  t.  a  Secretis. 
Vidit  Rector  Universitatis, 
*  Thomas  I.  Shahan,  S.  T.  D. 


VITA. 


Celestine  A.  Freriks  was  born  of  Dutch  parents  at  Essen,  Ger- 
many, March  9th,  1876.  When  he  was  four  years  of  age  his 
parents  emigrated  to  the  United  States  and  established  their  per- 
manent domicile  at  Corning,  Ohio.  Here  he  received  his  early, 
education  in  the  State  school,  but  completed  the  primar}'  grades 
in  the  Parocial  school  of  St.  Bernard's  parish  under  the  guidance 
of  the  Sisters  of  Charity  of  Nazareth,  Kentucky.  Upon  the 
successful  completion  of  the  six-year  academic  and  collegiate 
course  with  the  Fathers  of  the  Most  Precious  Blood  of  College- 
ville,  Indiana,  St.  Joseph's  College  conferred  on  him  the  degree 
of  Bachelor  of  Arts  in  IDOC).  In  the  same  year  he  entered  St. 
Charles  Seminary  of  the  Society  of  the  Most  Precious  Blood. 
December  21st,  1911,  the  Society  presented  him  to  His  Grace, 
the  Most  Reverend  Henry  Moeller,  Archbishop  of  Cincinnati, 
for  ordination  to  the  Priesthood.  The  following  year  he  entered 
the  Catholic  University  of  America  for  a  post-graduate  course, 
choosing  for  his  major  study  Canon  Law  under  the  direction  of 
Dr.  Creagh,  and  subsequently  of  Dr.  Bernardini ;  and  for  his 
minors.  Moral  and  Sacramental  Theology  under  Dr.  Melody  and 
Dr.  Kennedy,  O.  P.  He  attended,  moreover,  the  course  in  In- 
dustrial Ethics  of  Dr.  Ryan.  Gladly,  therefore,  does  he  avail 
himself  of  this  occasion  of  publicly  thanking  the  various  teachers 
for  their  valuable  assistance  and  never-failing  kindness. 

DDD 

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